With Ontario’s 2025 Provincial Election scheduled for February 27, 2025, campaign season is about to kick off. For condominium communities, elections bring unique considerations; from handling canvassers and campaign materials to ensuring compliance with the Election Act, 1990 and the Condominium Act, 1998.
As condominium managers and board members, understanding these rules is crucial to maintaining a fair, well-managed election period while keeping operations running smoothly.
Let’s break down what you need to know, what’s required by law, and how to handle common election-related situations in your condominium community.
Canvassing: What Are Your Responsibilities?
One of the biggest concerns during election season is canvassing—when candidates or their representatives go door-to-door to promote their platform, distribute flyers, and speak with voters. While it may be inconvenient for some residents, canvassing is a legally protected activity in condominium buildings.
What Does the Law Say?
Under Section 89.1 of Ontario’s Election Act, condominium corporations cannot prevent candidates or their representatives from canvassing in common areas. This means:
- You cannot refuse access to the building for election-related canvassing.
- Canvassing is permitted between 9:00 AM and 9:00 PM on weekdays and 9:00 AM and 6:00 PM on weekends.
- Canvassers must show identification if asked.
- Representatives (non-candidates) must carry written authorization from the candidate they are supporting.
What About Security Concerns?
A common question from board members and condominium managers is: What if we don’t feel safe letting canvassers in?
While the law mandates access, there is an exception for buildings where canvassing could pose a risk to residents’ physical or emotional well-being. This is rarely applicable and would require strong justification.
If security is a concern:
- Ask for identification before granting access.
- Monitor access through concierge/security if available.
- Communicate with residents about canvassing schedules to ease concerns
Can a Corporation Be Fined for Blocking Access?
Yes. Denying legal access to a candidate or representative could result in significant fines under the Condo Act:
- $500 for the first violation
- $1,000 for the second violation
- $2,000 for the third and any subsequent violations
Additionally, intentionally violating this law can result in fines of up to $100,000 for a corporation and $25,000 for an individual.
If a canvasser requests access, condominium managers and board members should allow entry, request identification, and ensure they follow the rules.
Handling Materials in the Building
Are Candidates Allowed to Distribute Flyers in Condominiums?
Yes, candidates and their teams can distribute campaign materials, but there are some limitations.
Under Section 89.1(2) of the Election Act and Section 118 of the Condo Act, candidates and their representatives have the right to leave election materials in common areas.
However, condominium managers can enforce reasonable rules to ensure materials don’t clutter or create disruptions. Campaign materials may be removed if they are not left in accordance with the corporation’s rules. Canvassers are expected to leave campaign materials in a tidy manner to avoid creating litter.
Best Practices for Campaign Materials
- Mailboxes – Flyers cannot be placed inside unit mailboxes unless authorized by Canada Post.
- Common Areas – Materials can be left in common areas, but if they do not comply with condominium rules, they may be removed or relocated where appropriate.
- Lobby & Front Desk – Property managers should decide where materials can be placed (e.g., a designated area for flyers).
- Tidy Presentation – Canvassers should ensure that campaign materials are distributed neatly and do not create litter.
To prevent excessive clutter and ensure fairness, consider designating a specific space where all candidates can place materials.
Election Signage: Can Residents Display Campaign Signs?
What the Law Says
Election sign rules vary depending on the level of government:
- Federal & Municipal Elections – Residents have the right to display election signs on their private property (subject to size and placement restrictions).
- Provincial Elections – The Election Act is silent on signage, meaning that condominium corporations can regulate or prohibit signs based on their own rules.
Can a Condominium Corporation Ban Election Signs?
For provincial elections, yes. If the condominium’s by-laws or rules prohibit exterior signage, including political signs, then residents must comply. The Election Act does not provide clear guidelines on signage for provincial elections, meaning condominium corporations can regulate or prohibit election signs based on their governing documents.
If you receive a complaint about election signage during a provincial election:
- Check your condo’s rules to determine if signs are allowed.
- If signs are prohibited, notify residents and provide them with a copy of the rule.
- If signs are allowed, inform residents of any size, type, or placement restrictions.
For federal and municipal elections, residents generally have the right to display election signs on their unit’s premises, subject to reasonable size and placement restrictions outlined in the Municipal Elections Act and Canada Elections Act.
Using Condominium Resources for Political Purposes
Condominium corporations must remain neutral during election periods. This means:
- No endorsements: The condo corporation cannot endorse or promote a specific candidate.
- No use of common resources: Community bulletin boards, email lists, and meeting rooms cannot be used for political purposes unless all candidates are given equal access.
If a resident requests to use the party room for a political event, the board must ensure that all candidates have the same opportunity to rent the space under the same terms.
It is best practice for property managers and boards to refrain from engaging in political discourse using corporate resources.
Final Tips for a Smooth Election Season
- Communicate with Residents: Send a reminder email or post a notice explaining election rules in the building.
- Enforce Rules Fairly: Ensure that all candidates are treated equally when it comes to canvassing and campaign materials.
- Stay Informed: Review your condominium rules and bylaws to be prepared for common election-related questions.
- Balance Rights and Responsibilities: While residents have the right to participate in elections, condominium corporations have a duty to maintain order and compliance with regulations.
Conclusion: Be Prepared, Be Fair, and Stay Informed
As a condominium board member or manager, your role during election season is to ensure compliance, maintain order, and uphold democratic principles while keeping your community informed and running smoothly.
By understanding the legal framework, enforcing fair rules, and fostering clear communication, you can help create a balanced election environment where everyone’s rights are respected.
For any specific concerns about election-related activities in your condo, consult legal counsel or your property management team.