Section 1 General Issues
Sub-Section 1.3 Elections

Legislation

s. 66(2), The Residential Tenancies Act

s. 1, 30.3(1), 53(1), The Elections Act (Manitoba)


Definitions

Election sign: a poster, banner or other advertisement that promotes a person or a political party running in an election campaign.

Enumerator: a person who is responsible for creating a list of the people in a specific area who are eligible to vote in an election.

Policy

Election Signs

A tenant may display an election sign in their rental unit during an election campaign. The sign must be on the inside of the window or the inside of the balcony.

The tenant may put a sign in the yard if the tenant is the only person entitled to use the yard. For example: a tenant living in a side-by-side duplex with their own yard may put up a sign.

The tenant is responsible to repair any damage the sign may cause.

The tenant must remove election signs the day after the election.

The landlord may post an election sign in the common area of the building or complex.

A landlord may not place an election sign in a yard where the tenant has the exclusive use of the yard.

Access by Enumerator

To prepare a voters’ list, an enumerator must go to each house in their area. In an apartment building or residential complex, an enumerator must go to each rental unit. If there is a security system on the entrance doors to a complex, the landlord is responsible to ensure that the enumerator can get into the building. In an urban area, an enumerator may have to go into a building at least twice to try to get the information they need.

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If a landlord refuses to allow access to an enumerator, the enumerator should contact their returning officer or Elections Manitoba.

Access by Political Candidateor Authorized Representative

A landlord can’t prevent political candidates or their representatives from going into a residential complex to speak to the tenants or hand out pamphlets. A landlord also can’t limit access in a complex, as long as the candidate is not interfering with the normal operation of the complex. For example: A landlord can’t say that political candidates can only leave their pamphlets in a central recreation room.

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A landlord is only required to allow access to candidates once the date for the election is set. A person is considered a candidate only after the election is called.

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A landlord does not have to make special arrangements to allow candidates into secure buildings. Candidates must arrange for access with a tenant or a resident manager. If a candidate asks a resident manager for access, the manager must allow access as long as the candidate or their representative has proper identification and it’s during reasonable hours.



Procedure

Overview

If a landlord refuses access to a political candidate, the candidate or their authorized representative may contact the Branch.

If a landlord and tenant disagree about how and where an election sign is posted, they can ask the Branch for help. The officer explains the guidelines and helps mediate an agreement. If mediation isn’t successful, an officer may make a decision and issue an Order.


Steps ▼

1.The officer encourages the tenant and landlord or the landlord and the candidate to share information, and to discuss the problem, to try to come to an agreement.

2.When a landlord or tenant or candidate asks the Branch for help with an election sign problem or an access complaint, the officer follows the procedures for:

    • mediation
    • hearings


Forms & Form Letters


X-Referencing

For procedure on Mediation, see this section.
For information on Hearings, see Section 11.


Policy Developed

September, 1992*


Last Revision

March, 2004


Other Resources

None


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