Strata Alert – The Federal Election – What Strata Corporations Need to Know
Alex J. Chang, Associate
Phone: 604-685-1255
Email: ajc@lmlaw.ca
With the 2019 federal election now underway, some strata corporations may have questions regarding how they are can or should respond to campaign signage or canvassers.
Campaign Signs
Many strata corporations have bylaws limiting signage, particularly from residential strata lots. However, it is an offense under s. 322 of the federal Canada Elections Act for strata corporations or their agents to prevent residents from displaying election signs in strata lots. As a result, a strata corporation may only set reasonable conditions relating to the size or location of election signs displayed in the strata lot.
What is reasonable in terms of restrictions on the size and type of elections may vary depending on the circumstances. For example, it is arguable that restricting a strata lot to a sign so small that nobody could possibly see it, may be an unreasonable restriction. This may be particularly true for strata lots on high floors.
To avoid committing an offense under the Canada Elections Act, a strata corporation considering restrictions on signage should keep any restrictions minimal or consider just putting up with the signage until the election is over.
A strata corporation may prohibit displaying campaign signs on the common property. Owners may not temporarily use common property for their exclusive use, such as displaying campaign signs, without the permission of the strata council pursuant to s. 76. However, a strata council receiving such a request may be better served by adopting a policy of denying all such requests in order to avoid the perception of taking a political stance that all the owners may not agree with.
Canvassers and Elections Officers
The Canada Elections Act also prohibits strata corporations and their agents from preventing canvassers (s. 81) or elections officers (s. 43.1) from entering the common property between 9 am to 9 pm. Strata councils, strata managers and employees of the strata corporations should be made aware of this so that they do not improperly deny access to canvassers and elections officers when requested.
Strata’s receiving such requests from campaign canvassers will want to set up reasonable policies that will grant canvassers access while maintaining building security. Canvassers are entitled to both campaign on common property or canvass door-to-door. Some campaigns may be satisfied with just being given the option of campaigning in the lobby. However, a means of accessing individual unit doors must be provided if the campaign insists.
The Canada Elections Act does not govern strata corporations with respect to provincial or municipal elections which are also beyond the scope of this article.
This article was updated from the an article originally published by Lesperance Mendes on August 31, 2015.
WHAT WE DO: Lesperance Mendes has been advising strata corporation and strata owners on bylaw enforcement issues since 1997 for more information on how we can assist you in a bylaw enforcement matter, contact Paul G Mendes, Partner at 604-685-4894 or by email at pgm@lmlaw.ca or Alex J. Chang at 604-685-1255 at ajc@lmlaw.ca.
THIS ARTICLE IS NOT LEGAL ADVICE: This article provides general information and should not be relied on without independent legal advice with respect to the specific facts of your case.