Access for Canvassers
Canvassing can take place at any time. For the Lambton—Kent—Middlesex and the Milton by-elections on May 2, canvassers have the right to access multiple-residence buildings from April 3 to May 2. It is an offence, with certain exceptions, to deny access to canvassers from April 3 to May 2. It is not an offence to deny canvassers access before or after April 3 to May 2.
If you are canvassing during an election period, you need to know the rules that apply to you under the Election Act.
The election period begins the day the writ is issued and ends on election day.
Access for canvassing during the following times is not governed by the Election Act and is therefore not regulated by Elections Ontario:
- outside of an election period; and
- during the election period but outside of the hours specified.
You are not allowed to falsely represent yourself as working for Elections Ontario, a candidate, a constituency association or a political party.
Candidates and authorized canvassers are only entitled to access multiple residence buildings from the day the writs are issued to election day:
- Access is limited to between 9 AM and 9 PM, from Monday to Friday, or between 9 AM and 6 PM on a Saturday or Sunday.
- At least one person seeking access must be at least 18 years of age.
- Every person seeking access must, on request, provide valid identification.
- Every person seeking access who is not a candidate must, on request, provide a valid Canvasser Authorization Form (Form F0436) from the candidate.
This does not apply to:
- Multiple-residence buildings with fewer than seven self-contained units
- Multiple-residence buildings whose owner or condominium corporation believes the residents’ physical or emotional well-being may be harmed as a result of permitting access
- University or college residences
- Multiple-residence buildings that are mainly occupied by residents who require assistance in living
If you, as a candidate, or your authorized canvasser, are refused access to a multiple-residence building during the writ period, you should complete a Notice of Denied Access form. Details on where to get the form and the escalation process to follow are under the Forms for Canvassing section below.
The right to have access for canvassing only applies during an election period. The following forms will be available for download on the date the writs are issued and will remain available up to and including election day.
1. Canvasser Authorization (Form F0436)
This form is completed by the candidate or candidate’s representative and provided to the canvasser. This form must be carried by canvassers and presented upon request when visiting multiple-residence buildings.
This form will be available for download on the date the writs are issued and will remain available up to and including election day.
2. Notice of Denied Access (Form F0437)
This form is to be completed by a canvasser who is of the belief that they have been denied access to a multiple-residence building that is not exempt from the access requirements. The form has two identical pages. The canvasser must complete both pages, leave one copy at the premises and retain the second copy, which may be required to be submitted if access is not subsequently granted.
This form will be available for download on the date the writs are issued and will remain available up to and including election day.
3. Report of Denied Access (Form F0439)
This form is to be completed by a canvasser who has failed to gain access to a multiple-residence building after leaving a copy of the Notice of Denied Access form (F0437). The canvasser must attach a copy of the Notice of Denied Access form to the Report of Denied Access (F0439) form and submit it to the returning officer when completed.
If the building is not exempt from the access requirements, the Returning Officer will issue an Order of Administrative Penalty. If the building is exempt, the returning officer will advise the canvasser of this fact.
This form will be available for download on the date the writs are issued and will remain available up to and including election day.
4. Order of Administrative Penalty (Form F0438)
If the multiple-residence premises subject to a Report of Denied Access (F0439) is not found to be exempt from the access requirements, an Order of Administrative Penalty (F0438) will be completed by the returning officer. All enquiries regarding the order, once issued, will be handled by Elections Ontario’s Compliance division.
This form is only available to the Returning Officer. The canvasser is not required to complete any part of this form.
In each period that begins with the issue of a writ for an election and ends on polling day, the penalties are as follows:
- $500 for the first contravention by the owner or condominium corporation
- $1,000 for the second contravention by the owner or condominium corporation
- $2,000 for the third and any subsequent contravention by the owner or condominium corporation
The penalties will be collected by Elections Ontario and will be paid into the Consolidated Revenue Fund.
If you have any questions regarding the administrative penalty process, or the related forms, please email penadmin@elections.on.ca or call the Compliance Division at Elections Ontario at 1.866.566.9066 or 416.325.9401.
Are candidates or their representatives allowed to canvass in apartment buildings?
Candidates and authorized canvassers are only entitled to access multiple residence buildings from the day the writs are issued to election day:
- Access is limited to between 9 AM and 9 PM, from Monday to Friday, or between 9 AM and 6 PM on a Saturday or Sunday.
- At least one person seeking access must be at least 18 years of age.
- Every person seeking access must, on request, provide valid identification.
- Every person seeking access who is not a candidate must, on request, provide a valid Canvasser Authorization Form (Form F0436) from the candidate.
This does not apply to:
- Multiple-residence buildings with fewer than seven self-contained units
- Multiple-residence buildings whose owner or condominium corporation believes the residents’ physical or emotional well-being may be harmed as a result of permitting access
- University or college residences
- Multiple-residence buildings that are mainly occupied by residents who require assistance in living
When are candidates and their representatives entitled to access?
These rules only apply during the election period. The election period begins the day the writs are issued and goes until election day.
Anyone who wishes to canvass in a multiple-residence building outside of the election period should contact the owner, landlord, or superintendent of the building to request permission.
There is no penalty under the Election Act for refusing access outside of the election period.
What happens if an owner does not allow candidates or their representatives to enter a building during the election period?
If an owner of a multiple-residence building or a condominium corporation refuses to allow a candidate or their representatives access to a building, they may be given a notice explaining the law and requiring that access be granted within 24 hours, or immediately if it is election day. Owners of multiple-residence buildings or condominium corporations may have to pay an administrative penalty for refusing access.
What is the administrative penalty for refusing access during the election period?
If a returning officer finds that the owner of a multiple-residence building has illegally refused access, they can order the owner of the multiple-residence building or condominium corporation to pay an administrative penalty:
- $500 the first time access is refused
- $1,000 the second time access is refused
- $2,000 for the third, and any other subsequent time
What if I want to contest a fine for not allowing entry?
An owner of a multiple-residence building or condominium corporation may appeal the administrative penalty with the Chief Electoral Officer within 15 days of being served the order. The Chief Electoral Officer may, after considering all the circumstances, confirm, revoke, or vary the amount of the penalty.
Can a candidate or their representatives be granted access outside of the election period or during the election period but outside of the hours specified in the Election Act?
Anyone who wishes to canvass in a multiple-residence building outside of the election period, or during the election period but outside of the hours specified in the Election Act, should contact the owner, landlord, or superintendent of the building to request permission.
Access for canvassers outside of an election period, or outside of the hours specified in the Act, is not governed by the Election Act and is therefore not regulated by Elections Ontario.
What is the penalty for refusing access outside of the election period?
There is no penalty under the Election Act for refusing access outside of the election period.
Anyone who wishes to canvass in a multiple-residence building outside of the election period should contact the owner, landlord, or superintendent of the building to request permission.
What if the residents of a building do not want a candidate or their representatives to be allowed entry?
If an owner of a multiple-residence building or a condominium corporation refuses to allow a candidate or their representatives access to a building, they may be given a notice explaining the law and requiring that access be granted within 24 hours, or immediately if it is election day. Owners of multiple-residence buildings or condominium corporations may have to pay an administrative penalty for refusing access.
If access is granted outside of the election period, or during the election period but outside of the hours specified by the Election Act, residents may contact their building management.
If a candidate or their representatives have gained access without permission, residents may contact the candidate or party.
How do I complain about a candidate or their representatives canvassing outside of the election period or during the election period but outside the hours specified in the Election Act?
Access for canvassers outside of an election period, or during the election period but outside of the hours specified in the Election Act, is not governed by the Election Act and is therefore not regulated by Elections Ontario.
If access is granted outside of the election period, or outside of the hours specified by the Election Act, residents may contact their building management.
If a candidate or their representatives have gained access without permission, residents may contact the candidate or party.