89.1 (1) No owner of a multiple-residence building or, in the case of a condominium multiple-residence building, no condominium corporation, may prevent, or permit any person under their control to prevent, a candidate or his or her representative from having access to the common areas of the multiple-residence building, for the purposes set out in subsection (2), as long as the following rules are complied with: 1.  The access must be between 9:00 a.m. and 9:00 p.m., between Monday and Friday, or between 9:00 a.m. and 6:00 p.m. on a Saturday or Sunday. 2.  At least one person seeking access must be at least 18 years of age. 3.  Every person seeking access must, on request, provide valid identification documents. 4.  Every person seeking access who is not a candidate must, on request, provide valid written authorization from the candidate. 2016, c. 33, s. 31. Purposes (2) The following are the purposes referred to in subsection (1): 1.  To distribute materials and perform related activities in common areas. 2.  To request residents open the doors of their units so that the person or persons seeking access may engage in activities related to the election. 2016, c. 33, s. 31. Exception (3) Subsection (1) does not apply in respect of an owner or condominium corporation of a multiple-residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting the access referred to in that subsection. 2016, c. 33, s. 31. Same (4) Subsection (1) does not apply in respect of a university or college residence or a multiple-residence building that is mainly occupied by residents who require assistance in living. 2016, c. 33, s. 31. Where access refused (5) Where a person who is entitled to access under this section is refused access, (a)  the person may give the person who is refusing access a notice, in a form prescribed by the Chief Electoral Officer, that sets out the entitlement under this section and requires that access be granted within 24 hours, or, if access is refused on polling day, immediate access, or post such notice conspicuously at the place where entrance is refused; and (b)  if access is not granted within 24 hours, or, on polling day, immediately, a person who is refused access and who is at least 18 years of age may give notice to a returning officer of the situation, in a form prescribed by the Chief Electoral Officer. 2016, c. 33, s. 31. Administrative penalty (6) Where a returning officer is of the opinion that an owner or condominium corporation has contravened subsection (1), the returning officer may make an order requiring the owner or condominium corporation to pay an administrative penalty. 2016, c. 33, s. 31. Purpose (7) The purpose of an administrative penalty is to promote access to multiple-residence buildings for the purposes set out in subsection (2). 2016, c. 33, s. 31. Amount, etc. (8) An administrative penalty shall be paid into the Consolidated Revenue Fund, and shall be in the amount of, (a)  $500 for the first contravention by the owner or condominium corporation in each period that begins with the issue of a writ for an election and ends on polling day; (b)  $1,000 for the second contravention by the owner or condominium corporation in each period that begins with the issue of a writ for an election and ends on polling day; and (c)  $2,000 for the third and any subsequent contravention by the owner or condominium corporation in each period that begins with the issue of a writ for an election and ends on polling day. 2016, c. 33, s. 31. Procedure (9) An order requiring an owner or condominium corporation to pay an administrative penalty shall be served on the owner or corporation and shall, (a)  contain a description of the contravention to which the order relates, including the date of the contravention; (b)  specify the amount of the penalty, and warn about the increasing amounts for subsequent contraventions; (c)  give particulars respecting the time for paying the penalty and the manner of payment; and (d)  provide details of the owner or corporation’s right of appeal. 2016, c. 33, s. 31. Appeal (10) An owner or condominium corporation that is served with an order to pay an administrative penalty may appeal the order to the Chief Electoral Officer, within 15 days of being served, and on an appeal the Chief Electoral Officer may, after considering all the circumstances, confirm the penalty, revoke the penalty, or vary the amount of the penalty. 2016, c. 33, s. 31. Failure to pay (11) If an owner or condominium corporation who is required to pay an administrative penalty fails to comply with the requirement, the Chief Electoral Officer may file the order that requires payment with a local registrar of the Superior Court of Justice and the order may be enforced as if it were an order of the court. 2016, c. 33, s. 31. Definition (12) In this section, “multiple-residence building” means a building that contains seven or more self-contained units. 2016, c. 33, s. 31. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 31
- 01/07/2017 Corrupt Practices and Other Offences: Penalties and Enforcement