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Election Signage: Concerns for Wrongful Interference by a Landlord
Question: Can a tenant display election signs on rented property in Canada?
Answer: Yes, tenants in Canada have the right to display election advertising posters on the premises they occupy, as protected under the Canada Elections Act, S.C. 2000, c. 9. Landlords cannot prohibit this, though they may set reasonable conditions regarding the size or type of posters. By ensuring tenants' rights are respected, Askew Paralegal Services can assist you in understanding and asserting your legal position.
Tenants Have a Right to Use a Sign to Promote an Election Candidate
In Canada, as a free and democratic society, all persons may choose to support a particular candidate in an election; and, with very few exceptions, post signage in promotion of a preferred candidate upon the premises that such persons occupy. This right expressly includes persons occupying rented premises; and accordingly, a landlord is forbidden from restricting the posting of election signs by a tenant.
The Law
The Canada Elections Act, S.C. 2000, Chapter 9 prescribes the protection provided to a tenant who wishes to advertise or promote a favoured candidate. Specifically, the Canada Elections Act states:
Election advertising posters
322 (1) No landlord or person acting on their behalf may prohibit a tenant from displaying election advertising posters on the premises to which the lease relates and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of his or her unit.
Permitted restrictions
(2) Despite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found.
Conclusion
A landlord may restrict election posters or signs to a reasonable size. Additionally, a tenant holds the right to place a poster or sign only within the rental unit; and accordingly, a landlord may forbid posters or signs from being placed upon areas beyond the rental unit occupied by the tenant.
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