Dear Tony: As a canvasser during the ÎÚÑ»´«Ã½ election cycle, I have been banned or blocked from several strata buildings and asked to leave one building. Could you please post the ÎÚÑ»´«Ã½ Elections information in your column so strata corporations cannot unreasonably restrict access to canvassers who are properly accredited and identified?
JRB, Penticton
Strata corporations are understandably ultra-sensitive about security and access to their buildings. They can take steps to ensure only authorized individuals have access to their buildings. For the duration of the election, several strata corporations have posted a contact person or council member in the building and hours of access permitted. This person verifies the person accessing the building, records their credentials, and confirms their entry and exit times.
While strata corporations cannot prohibit access, they may take reasonable steps to ensure the security of their building is not compromised. Here is the relevant section of the BC Elections Act section 228.
Canvassing in housing cooperative, strata and rental properties: “authorized canvasser” means an individual authorized in writing by a candidate to canvass voters and distribute candidate information on the candidate’s behalf; “candidate information” means printed information about a candidate, and if applicable, the registered political party represented by the candidate.
The following individuals and organizations must not unreasonably restrict access to residential property by a candidate or an authorized canvasser for the purposes of canvassing voters and distributing candidate information: a housing cooperative or individual acting on behalf of a housing cooperative; a landlord or individual acting on behalf of a landlord; a strata corporation or individual acting on behalf of a strata corporation.
While canvassing voters or distributing candidate information at a residential property, access to which is controlled by any of the individuals or organizations, a candidate or authorized canvasser must produce government-issued photo identification and either proof of candidacy or a candidate’s written authorization to canvass voters and distribute candidate information, as applicable, at the request of any of the following individuals: a resident of the property, landlord, tenant or owner. This applies from 9 a.m. to 9 p.m. during the campaign period.
Tenant and strata election advertising: A landlord or person acting on a landlord’s behalf must not prohibit a tenant from displaying election advertising posters on the premises to which the tenant’s tenancy agreement relates. A strata corporation or a person acting on behalf of a strata corporation must not prohibit the owner or tenant of a strata unit from displaying election advertising posters on the premises of the owner’s or tenant’s unit. A strata corporation or a person acting on behalf of a landlord or strata corporation may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises, and prohibit the display of election advertising posters in common areas of the building in which the premises are found. Go to bclaws.ca for the complete legislation.
Tony Gioventu is executive director of the Condominium Home Owners Association.
