By David Lu
With the Ottawa municipal election underway, I thought it would be timely to discuss how such election processes apply to condominium properties. The two main issues relating to condominiums are election signs and election canvassing.
Section 118 of the Condominium Act, 1998 explicitly forbids a condominium from restricting access to the property for political canvassers for federal, provincial, municipal or school board elections. Of course, access to a condominium property should be reasonable. Generally speaking, the hours of permitted access for political canvassers are between 9 am and 9 pm.
Furthermore–with the pandemic still in the background–political canvassers that visit a condominium property must also comply with any applicable health restrictions, including any that may still be in place at a particular condominium.
Elections signs are somewhat of a more complicated issue given that the applicable requirements differ based on type of election. In federal elections, the placement of signs is regulated by the Canada Elections Act, which stipulates that condominium owners have the right to place signs in their units, for instance, in their windows.
However, condominium corporations can still pass a rule to establish reasonable restrictions on the size of such signs and to prohibit such signs on the common elements.
For provincial elections in Ontario, there is no similar law guaranteeing condominium owners the right to place election signs in their units. Therefore, if desired, condominium corporations likely have the right to prohibit provincial election signs by way of passing a rule.
That said, most condominium corporations may prefer a rule to regulate provincial election signs, similar to a rule respecting other election signs.
As for municipal elections, the applicable law changed in 2016 after amendments were made to the Municipal Elections Act, 1996. Owners and tenants of condominium units are able to display a municipal election sign in their unit, just as they can with federal election signs.
However, condominium corporations can place limits on the size of such signs and prohibit such signs from being posted on the common elements, also similar to federal elections.
Condominium corporations could of course, also consider a rule to allow election signs (including signs on the common elements), subject to reasonable restrictions. However, such rules would be subject to municipal by-laws and/or regulations pertaining to sign size, permitted locations, and permitted display periods.
Given the importance of respecting individual democratic rights, condominium corporations should proceed cautiously when making rules in relation to election signage.
David Lu is an Associate at Davidson Houle Allen LLP, a boutique Condominium Law firm serving Eastern Ontario.