Election Season
As election seasons approach, strata corporations in British Columbia must be aware of their responsibilities to ensure that residents can fully participate in the democratic process. Whether it’s a provincial, federal, or municipal election, legal obligations must be met to facilitate canvassing and the display of election signage. Below, we outline these responsibilities and reference the relevant sections of the applicable legislation. As always, we are not a substitute for legal advice- but the legislation provisions are fairly clear and must be followed even if you may prefer not to have canvassers within your property, or election-related signage displayed on it.
Provincial Elections
For provincial elections, we look to the Election Act (RSBC 1996, Chapter 106) which governs the conduct of strata corporations with respect to election matters.
1. Access for Canvassers:
– Under Section 228, candidates and their representatives are entitled to access common areas within strata properties to engage with residents and distribute election materials. This is a right that strata corporations must respect, though they can establish reasonable guidelines regarding the timing and manner of access to ensure minimal disruption.
2. Election Signage:
– Residents have the right to display election signs on their individual strata lots, including windows and balconies. However, strata corporations can impose reasonable restrictions concerning the size, type, and placement of these signs, as outlined in Section 228(2). Additionally, setting time limits for when these signs can be displayed is permitted.
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Federal Elections
For federal elections, the Canada Elections Act (S.C. 2000, c. 9) outlines similar provisions to those at the provincial level.
1. Access for Canvassers:
– Section 81(1) of the Canada Elections Act grants candidates and their representatives the right to access strata properties to canvass and distribute campaign materials. This access should occur during reasonable hours, and strata corporations cannot deny it.
2. Election Signage:
– According to Section 325, residents are entitled to display election signage on their properties. Any restrictions imposed by the strata corporation must be reasonable and should focus on size and placement rather than outright prohibition.
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Municipal Elections
Municipal elections fall under the jurisdiction of the Local Government Act (RSBC 2015, Chapter 1) and specific municipal bylaws.
1. Access for Canvassers:
– While the Local Government Act doesn’t explicitly address access for canvassers, many municipalities have bylaws that ensure candidates can reasonably access strata properties during election periods. It’s essential for strata corporations to familiarize themselves with these local regulations to ensure compliance.
2. Election Signage:
– Similar to provincial and federal elections, the right to display election signs is protected under municipal regulations. However, the specific rules regarding size, placement, and duration of these signs will be outlined in local bylaws. Strata councils should ensure they’re aware of these guidelines and allow residents to display signs accordingly.
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Strata corporations play a crucial role during election periods by ensuring residents’ rights to engage in the democratic process are respected. By understanding and adhering to the relevant legal requirements under the Election Act, Canada Elections Act, and Local Government Act, strata councils can confidently navigate election seasons while maintaining the integrity of their properties. If any questions or concerns arise, seeking legal advice is always a prudent step to avoid potential issues. This most notably comes into play with questions around “reasonableness” with respect to restrictions on the type/style/aesthetics of signage, and the hours and activities of canvassers. You may also need assistance if you wish to craft a bylaw prohibiting the display of signage on common property (which includes limited common property such as decks, patios and balconies. No such bylaw can prohibit the display of signage within strata lots, ie. the interior of a window facing the exterior of the building.
