Navigating the 2025 Provincial Election: Essential Guidelines for Condominium Boards
As the 2025 Provincial Election in Ontario approaches, scheduled for February 27, 2025, it’s crucial for condominium boards to be well-prepared for the election period. This article provides key insights and guidelines to help you navigate your condominium corporation’s obligations and rights with respect to canvassing, campaign materials, and signage within your community.
Understanding Canvassing Rules
The Ontario Election Act mandates that canvassers must be granted access to common areas of condominium buildings for election purposes. This access is regulated by specific rules, including permissible access times and identification requirements.
Section 89.1 of the Ontario Election Act states, in part, that no condominium corporation may prevent a candidate or their representative from having access to the common areas to distribute materials and request residents to open their doors for election-related activities. Access is restricted to the hours between 9am and 9pm from Monday to Friday and 9am to 6pm on Saturday and Sunday, and the individuals seeking access must be at least 18 years of age. Every person seeking access must also provide valid ID if requested, and if the individual is not a candidate, they must provide written authorization from the candidate on request.
Access can only be restricted if it may harm residents’ physical or emotional well-being.
Rights to Access and Penalties for Denial
Section 118 of the Condominium Act further ensures that candidates and their representatives have reasonable access to the property for canvassing or distributing election materials. Condominium corporations that unlawfully deny access under the Ontario Elections Act may face fines ranging from $500 to $2,000, with additional penalties for intentional violations under Section 137 of the Condominium Act up to $100,000.
Distribution of Campaign Materials
Candidates and their representatives are permitted to distribute election materials within the condominium, subject to certain limitations. Campaign materials cannot be placed in mailboxes unless authorized by Canada Post, and any materials left in common areas must comply with condominium rules. Additionally, condominium property cannot be used to support specific candidates unless equal access is provided to all candidates.
Regulating Election Signage
While the Municipal Elections Act and the Canada Elections Act provide guidelines for the display of election signs, the Ontario Election Act lacks clear guidance for Provincial elections. In fact, the Elections Ontario website specifically indicates that “Elections Ontario has no jurisdiction over the placement of lawn signs.” As a result, multiple condominium legal firms have concluded that condominium corporations have the authority to regulate or ban election signs in accordance with their rules. Boards should review their governing documents to understand any restrictions on signage during the election period.
As the election date approaches, it’s essential for condominium boards to stay informed and ensure compliance with election rules. By understanding your rights and obligations, you can help maintain a fair and transparent election process within your community. Remember, upholding these guidelines not only ensures legal compliance but also fosters a democratic environment for all residents.
If you have any questions or need further assistance, feel free to reach out to your Condominium Manager. We look forward to working together to ensure a smooth and successful election period for your condominium community!