2025 Provincial Election: Important Reminders for Condominium Communities
Since May 2024, there has been speculation about a snap Provincial election in Ontario. Premier Doug Ford has now confirmed that Ontarians will be going to the polls on February 27, 2025.
Campaigning will soon begin, and it is important for condominium managers, board members, and residents to familiarize themselves with the statutory obligations, rights, and restrictions concerning canvassing, campaign materials, and signage as outlined in Ontario’s Election Act, 1990 (the “Election Act”) and the Condominium Act, 1998 (the “Condo Act”). Below is a quick guide to help you understand your rights and restrictions during the election period.
Canvassing
The Election Act states:
Canvassing, etc., in multiple-residence buildings:
§ 89.1 (1) No owner of a multiple-residence building or, in the case of a condominium multiple-residence building, no condominium corporation, may prevent, or permit any person under their control to prevent, a candidate or his or her representative from having access to the common areas of the multiple-residence building, for the purposes set out in subsection (2), as long as the following rules are complied with:
§ (1) The access must be between 9:00 a.m. and 9:00 p.m., between Monday and Friday, or between 9:00 a.m. and 6:00 p.m. on a Saturday or Sunday.
§ (2) At least one person seeking access must be at least 18 years of age.
§ (3) Every person seeking access must, on request, provide valid identification documents.
§ (4) Every person seeking access who is not a candidate must, on request, provide valid written authorization from the candidate. 2016, c. 33, s. 31.
(2) The following are the purposes referred to in subsection (1):
(1) To distribute materials and perform related activities in common areas.
(2) To request residents open the doors of their units so that the person or persons seeking access may engage in activities related to the election. 2016, c. 33, s. 31.
(3) Subsection (1) does not apply in respect of an owner or condominium corporation of a multiple-residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting the access referred to in that subsection. 2016, c. 33, s. 31.
Section 118 of the Condo Act states:
118 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.
This means that canvassers supporting a candidate have the right to access the property within reasonable limits. If a canvasser is unlawfully denied access, then the condominium corporation could be exposed to the following administrative penalty:
$500 for the first refusal;
$1,000 for the second refusal; and
$2,000 for the third and any subsequent refusals.
Further, Section 137 of the Condo Act details that anyone who intentionally violates their obligations under Section 118 of the Condo Act commits an offence, and upon conviction, may be subject to a maximum fine of $100,000 for a corporation, and $25,000 for an individual.
If you or a representative from the community have concerns about individuals entering the property, be sure to request proper identification before allowing or refusing access.
Right to Leave Materials
Under Section 89.1(2) of the Election Act and Section 118 of the Condo Act, candidates and their representatives may distribute election materials, subject to certain limitations. Note that the fines specified in Section 137 of the Condo Act also apply.
a. Placement of Campaign Materials
Campaign materials cannot be placed in mailboxes unless authorized by Canada Post, and any materials left in common areas, such as lobbies or at front desks, may be removed if not in accordance with the condominium corporation’s rules. Additionally, canvassers are expected to leave campaign materials in a tidy manner to avoid creating litter.
b. Use of Condominium Resources
Condominium corporations must also ensure they do not use corporate resources—such as bulletin boards, email systems, or meeting rooms—to support a specific candidate or party, unless all candidates are given equal access.
Signage
Many condominium corporations have rules that restrict or prohibit the display of election signs in windows or other areas that are visible from the outside.
Under the Municipal Elections Act, and the Canada Elections Act for a federal election, condominium residents are permitted to display election signs on the premises of individual units, subject to certain restrictions on size, type, and placement.
However, for Provincial elections the Election Act lacks clear guidelines on sign display. As a result, condominium corporations have the authority to regulate or even ban election signs, in accordance with their rules. Residents should carefully review their condominium corporation’s rules to understand any restrictions that may exist during the election.
Conclusion
During this Provincial election, it is essential for everyone in the condominium community to stay informed. Whether you are a condominium manager, board member, or resident, understanding your rights and restrictions can help ensure a smooth campaign period.
While we recognize that there may be some disruptions or inconveniences during the election period, we remind everyone of the importance of upholding a fair, transparent and democratic election.