Election Signage: Concerns for Wrongful Interference by a Landlord - 2027 | Benchmark Legal Offices


Last Updated: , 74 days ago.

Question:Can a landlord stop a tenant in Ontario from putting up election candidate signs in their rented unit?

Answer:Under the Canada Elections Act, S.C. 2000, c. 9, section 322, a landlord can’t prohibit a tenant from displaying election advertising posters on the premises covered by the lease, and the right generally includes rented homes in Ontario; landlords may set reasonable conditions on size or type and can prohibit election signs in common areas, but they can’t ban tenant election signage inside the rental unit; for guidance on what counts as “reasonable” conditions and how to respond if you’re restricted, Benchmark Legal Offices can help with lawyer & paralegal support, call (289) 389-8840.

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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.

Note: For immediate help, please contact Benchmark Legal Offices by phone at: (289) 389-8840 to retain services or to discuss any specific questions that you may have.

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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