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Elections Canada And Condominiums

The Elections Canada Act prohibits condominium corporations from denying canvassers access and restricting signage (in some circumstances). The CCI interprets the Act to mean that individual unit owners can place election signs within their own unit, but permits condominiums to prohibit signs on the common elements, including the exclusive common elements, (e.g. balcony, porch, front lawn). Hence a condominium cannot prevent an owner from hanging a sign inside the widow of their unit, however if the unit is a “lot line” standard condo, a vacant land condo or a POTL in a common elements condo, the owner could put up signs on their front lawn (assuming it was part of the unit).

The relevant parts of the Act are pasted below, but you can reference them in detail at Elections Canada.

Rights of Candidates

Right of candidate to enter building

81. (1) No person who is in control of an apartment building, condominium building or other multiple residence building may prevent a candidate or his or her representative, between 9:00 a.m. and 9:00 p.m., from

(a) in the case of an apartment building or condominium building, canvassing at the doors to the apartments or units, as the case may be;
or
(b) campaigning in a common area in the multiple residence.

Exception

(2) Subsection (1) does not apply in respect of a person who is in control of a multiple residence building whose residents' physical or emotional well-being may be harmed as a result of permitting canvassing or campaigning referred to in that subsection.

Election Advertising

Election advertising posters

322. (1) No landlord or person acting on their behalf may prohibit a tenant from displaying election advertising posters on the premises to which the lease relates and 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.

Permitted restrictions

(2) Despite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found.

 


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Last Updated by Steve Warner on December 30, 2005