Elections Ontario's recent notice about "New Canvasser Rules" regarding access to multi-unit residential buildings requires some clarification.
Like many people (especially those living in Toronto and similar municipalities), Elections Ontario doesn't appear to pay attention to the fact that there are many different types of condominium. Not all of them are "multi-residence buildings", as described here. So, if the statute referenced here was the only source of direction regarding the right of political candidates and canvassers to approach homes in condominiums, we might end up in some arguments about whether there is such a right in a condominium with town-, semi- or fully detached homes, rather than an apartment style complex.
Never fear, though: Even without these "new rules" (that came into force on July 1, 2017, as amendmens to the Elections Act made under the Election Statute Law Amendment Act, 2016, S.O. 2016, c. 33 - check out its history and original text here), political canvassers have the right to knock on your door, regardless of whatever style or type of condominium you live in. This is because section 118 of the Condominium Act, 1998 already states,
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.
What's lacking in the Condominium Act, 1998, though, is any explanation of what constitutes "reasonable access". For that, we can turn back to the Elections Act, section 89.1, where we learn that, in regard to multi-residence buildings, the following rules apply to political canvassing
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.
At least one person seeking access must be at least 18 years of age.
Every person seeking access must, on request, provide valid identification documents.
Every person seeking access who is not a candidate must, on request, provide valid written authorization from the candidate.
In whatever condominium you live in (whether or not it qualifies as a "multi-residence building"), these would be reasonable rules to impose on political canvassers.
CK Legal's Condo Guru commentaries are provided for general information only relating to Ontario condominium law. They are not intended as legal advice. Anyone wanting or requiring legal advice or assistance relating to any aspect of condominium law should contact competent and qualified legal counsel, including the lawyers at CK LLP.
