Written by: Katy Campbell, Executive Director, CCI North Alberta
Election season is here. Canadians go to the polls Monday April 28th to elect a new federal government. While we celebrate living in a free and fair democracy where everyone gets a say on electing a new government, it’s important to keep in mind the rules in place to ensure everyone’s democratic rights are respected.
Election season can sometimes be a source of contention in condominium communities as democratic rights come into conflict with the norms and expectations already in place. Two common areas of contention for condominiums are election signs being displayed by residents and door-to-door canvassing by candidates and their volunteers.
Clarity for all parties involved regarding what the Canada Elections Act has to say about these activities can help to keep potential conflicts to a minimum.
Signs:
Condominium corporations do not have the right to prevent condo owners from putting up election signs on the units they own during an election period.
Condominium corporations do have the right to set reasonable conditions on the size and type of sign and to prohibit signs in common areas, whether indoors or outdoors. The relevant portion of the Canada Elections Act states:
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.
(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.
It’s important to note that the obligation to allow campaign signs to be displayed by unit owners and residents exists regardless of what your condo corporation’s bylaws might say about signs. As is the case with all things in your bylaws, existing federal or provincial legislation takes precedence over anything written in them.
Canvassing:
The Canada Elections Act contains access rights, including the rights of candidates and their representatives to have access within condominiums between the hours of 9:00 am to 9:00 pm, to canvass at the doors of units, and have access to the common areas of multi-residential buildings during those hours.
81 (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent a candidate or his or her representative from
(a) in the case of an apartment building, condominium building or gated community, canvassing, between 9:00 a.m. and 9:00 p.m., at the doors to the apartments, units or houses, as the case may be; or
(b) in the case of a multiple-residence building, campaigning, between 9:00 a.m. and 9:00 p.m., in a common area in the multiple residence.
These entry rights extend only from the date the candidate is confirmed by the returning officer until election day. This applies to both the candidate and their representatives. Once a candidate is confirmed, they receive a notice of confirmation from the returning officer. They are also given a copy of a letter from the Chief Electoral Officer, explaining a candidate’s rights of access. It is suggested that candidates take these documents along with them when canvassing in multiresidential buildings.
Candidates will often send their canvassing volunteers out with a letter signed by the candidate stating that the person carrying the letter is an authorized representative of the candidate.
There are narrow exemptions to the requirement to allow access set out in the Act. The legal obligation to grant access does not apply to “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” (subsection 81(2)).
Generally, this is not an exemption that would apply to a condo corporation. An interpretation note from the Chief Electoral Officer on this point states:
“The right of access for canvassing or campaigning should be interpreted broadly in light of the democratic principles at stake. The decision to deny access must be based on context and facts, pointing to a real risk that the residents’ physical or emotional well-being will be harmed. The harm cannot simply be that some residents may be annoyed or upset by the presence of candidates or their representatives. Were a group of residents to request that access be denied for a reason unrelated to their physical or emotional health, this would be an insufficient basis to deny access. When making the decision to grant access or invoke the exception to refuse access, the person in control must treat all candidates equitably, regardless of their political affiliation.”
Do candidates need to provide advance notice for building access?
There are no requirements for candidates to let buildings know ahead of time when they or their representatives intend to canvass. While there are no requirements to do so, some campaigns may reach out ahead of time for notification and ease of access.
If a candidate does reach out to your building with advance notice of when they will be there to talk to residents, it is a good idea to pass that information on to building residents so that they know what to expect and what the requirements are for allowing access under the Canada Elections Act.
As someone who has worked on many election campaigns, campaigning in condo buildings can sometimes be a stressful experience. Campaigns often encounter frustrated building residents who don’t understand who you are or why you were allowed access to their building. These frustrations could probably have been alleviated with some advance communication.
The main road block to this type of communication taking place is the difficulty of finding publicly available contact information for condo buildings. Proactively reaching out to your local candidates in advance to make arrangements for building access could help to alleviate some of these frustrations. Campaigns will be very grateful to you!
How to make a complaint:
Complaints about contraventions of these and many other sections of the Canada Elections Act are handled by the Commissioner of Canada Elections, an independent officer whose duty it is to ensure the act is complied with and enforced.
You can find more information about the complaints process and how complaints are handled by visiting their website: https://www.cef-cce.ca/.
In conclusion:
It’s important to recognize that these rules exist to safeguard the democratic rights of all Canadians, regardless of where they live. By being informed of the rights and responsibilities outlined in the Canada Elections Act, condominium corporations, residents, and candidates can ensure that the election process remains respectful, transparent, and fair for all involved and reduce the likelihood of conflicts.
In this election season, it’s my sincere hope that “peace, order and good government” prevail, and that peace starts at home in our condo communities!