New fines for turning away canvassers take effect
REMI Network
08 May 2018
With the writ due to drop in Ontario’s provincial election this week,
apartment landlords and condo corporations that turn canvassers away
from multi-residential buildings risk fines under recently changed
rules.
Ontario’s Election Act has been updated since the last provincial
election to establish administrative penalties starting at $500 for
first-time infractions and escalating up to $1,000 and $2,000 for
second and third infractions, respectively.
Elections Ontario, the non-partisan office that oversees provincial
elections, issued a reminder to apartment landlords and condo
corporations that the new rules are now in effect. During the upcoming
provincial election, which officially runs from May 9 to June 7,
political candidates and their volunteers have the right to canvass
door to door and in common areas in multi-residential buildings that
have seven or more units.
limitations to this right
There are limitations to this right, including when access can occur (9
a.m. to 9 p.m. on weekdays and 9 a.m. to 6 p.m. on weekends); who must
be present (a minimum of one adult, 18 or older); and what
documentation canvassers must produce on request (valid identification
as well as a valid Canvasser Authorization form if they aren’t
candidates themselves).
There are also exemptions for post-secondary residences, buildings
where residents rely on assisted living and buildings where allowing
access could jeopardize the emotional or physical well-being of
residents.
Section 118 of the Condominium Act
Section 118 of the Condominium Act has forbidden condo corporations of
all types from turning away canvassers for some time, as Michael
Clifton, head of Clifton Kok LLP’s condo management law practice,
recently pointed out. However, he added, the changes to the Election
Act help clarify what reasonable access to these properties looks like.
The administrative penalties laid out in the changes to the Election
Act pale in comparison to the fines associated with breaches of the
Condominium Act, which max out at $25,000 for individuals and $100,000
for corporations. However, despite reports of political candidates and
their volunteers running into difficulties accessing condo properties
in the last provincial election, legal commentary at the time suggested
violations of Section 118 had not been tested in court.
Whether the administrative penalties established through changes to the
Election Act will need to be exercised to enforce the right of
candidates and their volunteers to canvass in multi-residential
buildings remains to be seen.
“Elections Ontario has taken steps to ensure that owners and
condominium associations are aware of this change in law to ensure
voluntary compliance,” a media spokesperson for Elections Ontario said
via email. “Certainly, we will respond to complaints that allege that
access is not being granted. Complainants will find all required
information and forms on our website.”
Notice of Denied Access form
Canvassers who believe they’ve been wrongfully prevented from accessing
a multi-residential building must first leave a Notice of Denied Access
form at the property. Then, the apartment landlord or condo corporation
generally has 24 hours to provide access to the property in question
(less if it’s polling day) before the canvasser can proceed to file a
Report of Denied Access form with the returning officer.
At that point, the returning officer has to determine whether the
access requirements apply and either issue an Order of Administrative
Penalty or let the canvasser know the property is exempt.
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