By Hunter Boucher, Vice-President, Operations, RentBC
With municipal and provincial elections approaching, we often receive questions about election rules for rental housing providers in BC. Residents and housing providers can expect to see more candidates and campaign volunteers in their communities, including in multi-unit rental buildings.
Election periods inevitably bring questions about who can enter a rental property to canvass, whether tenants can display campaign signs, and what rules a rental housing provider can put in place.
The basic principle is straightforward: residents of rental buildings should have a reasonable opportunity to hear from candidates and participate in the democratic process. At the same time, rental housing providers can continue to take reasonable steps to manage their properties and common areas.
Candidates and Canvassers Must Be Given Reasonable Access
Rental housing providers should be aware that they cannot simply adopt a blanket “no canvassing” policy during an election.
Under British Columbia’s Residential Tenancy Act, a landlord must not unreasonably restrict access to residential property by a candidate seeking election federally, provincially or in a local election, or by an authorized representative who is canvassing electors or distributing election material.
There are also more specific rules for provincial elections. Under the Election Act, candidates and authorized canvassers must not be unreasonably restricted from accessing rental properties for the purpose of canvassing voters and distributing candidate information. During the campaign period, this access applies between 9:00 a.m. and 9:00 p.m.
Importantly, this does not mean that building security needs to be abandoned. A rental housing provider, building manager or resident may ask a canvasser to produce government-issued photo identification along with proof that they are a candidate or written authorization from the candidate they represent.
Similar provisions apply to local elections. The Local Government Act provides candidates and their authorized canvassers with access to residential properties for canvassing and distributing candidate information during the campaign period, again between 9:00 a.m. and 9:00 p.m.
For rental housing providers, the practical takeaway is to make sure onsite staff and building managers understand these rules before campaign volunteers arrive. A candidate or properly authorized canvasser should not be turned away simply because the building normally has controlled access or a general policy against solicitation.
What About Election Signs?
For provincial elections, the Election Act specifically provides that a landlord cannot prohibit a tenant from displaying election advertising posters on the premises covered by their tenancy agreement. In other words, a rental housing provider generally cannot tell a tenant that they are prohibited from displaying an election sign in their rental unit, including an appropriate location such as a window.
Rental housing providers may establish reasonable conditions relating to the size or type of election advertising poster that can be displayed. They may also prohibit election advertising in the common areas of the building.
This distinction is important. A tenant’s rental unit is their home, and their ability to express a political preference within the premises should be respected. Hallways, lobbies, elevators, amenity rooms and other common areas, however, remain under the management of the rental housing provider.
A reasonable building policy might therefore permit election signs within rental units while establishing reasonable limits on their size or method of display and prohibiting campaign signs from being attached to walls, doors, lobby areas or other common property.
Whatever rules are adopted, they should be applied consistently rather than differently depending on the candidate, party or political message involved.
Prepare Your Building Teams
Election campaigns can move quickly, and the person who first encounters a canvasser is often a resident caretaker, concierge or property manager rather than the rental housing provider themselves.
Before election activity increases, it is worthwhile making sure onsite teams know the basics:
- Candidates and properly authorized canvassers must not be unreasonably denied access to rental properties for legitimate election canvassing.
- Identification and appropriate proof of candidacy or written authorization can be requested where the applicable election legislation provides for it.
- Tenants generally cannot be prohibited from displaying election advertising within the premises covered by their tenancy agreement.
- Reasonable restrictions can be established regarding the size and type of signs.
- Election signs can be prohibited in building common areas.
These rules are ultimately about striking a sensible balance. Rental housing providers have legitimate responsibilities for security, building operations and common property, but rental buildings are also home to voters who have the same right to participate in the democratic process as anyone else.
As we move through the upcoming election periods, taking a little time to make sure your building policies and onsite teams understand these requirements can help avoid unnecessary disputes.
