CONDO ARCHIVES

Election Canvassing – 2018

June 2018

Politicians running for election in federal, provincial or municipal elections have the right to canvas on condo corporation property during election periods.

Section 118 of the Condo Act allows election candidates to canvas on condo property.

No corporation or employee or agent of a corporation shall restrict reasonable access to the property by candidates, or their authorized representatives, for election to the House of Commons, the Legislative Assembly or an office in a municipal government or school board if access is necessary for the purpose of canvassing or distributing election material.

The Canada Elections Act allows canvassing from 9:00 am to 9:00 pm.

The Canada Elections Act states ”no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of his or her unit.”  There is no mention of access to common areas for posting posters or signs.

 

Canvassing Signs
Federal Canada Elections Act
Permits canvassing between 9:00 a.m. and 9:00 p.m. unless well-being of residents is at risk.Condo Act
Reasonable access to property must be permitted.

Canada Elections Act
Allows owners to post signs on units allowing conditions on size and type.

Condo Act
May prohibit signs on common elements if in declaration or rules.

Provincial

* See Ontario canvassing requirements and penalties below

Election Act Ontario
Permits canvassing between 9:00 a.m. and 9:00 p.m. Monday to Friday, or 9:00 am to 6:00 p.m. on Saturday or Sunday.Condo Act
Reasonable access to property must be permitted.
Condo Act
May prohibit if stated if in declaration or rules.
Municipal Condo Act
Reasonable access to property must be permitted
Condo Act
May prohibit if stated if in declaration or rules.

Elections Ontario includes the following requirements:

  • At least one person seeking access must be at least 18 years of age;
  • Every person seeking access must, on request, provide valid identification; and
  • Every person seeking access who is not a candidate must, on request, provide a valid Canvasser Authorization Form (Form F0436) from the candidate.

Penalties for denying access may be assessed the following penalties:

  • $500 for the first contravention by the owner or condominium corporation
  • $1,000 for the second contravention by the owner or condominium corporation
  • $2,000 for the third and any subsequent contravention by the owner or condominium corporation

Canvassers who feel they’ve been wrongfully denied access to a multi-residential building must leave a Notice of Denied Access form at the property. The condo corporation generally has 24 hours to provide access to the property before the canvasser can file a Report of Denied Access.