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联邦及安省法律不保护提名候选人公寓上门竞选游说
Election nominees canvassing at condos not protected by law

Bob Mok

在大选期间,公寓大楼内会充斥着竞选宣传单,同时敲门声不绝于耳。虽然联邦和省府政策准许竞选候选人走访公寓社区拉选票,但Bob Mok指出这些法律条款却不适应于那些尚未获提名的候选人的竞选过程。
Condo buildings can be flooded with campaign flyers and door knockings when elections are underway. While political candidates are entitled to canvassing your condo community under the federal and provincial election acts, the laws and regulations do not apply to the campaign process of nominees - who are yet to become a candidate, writes Bob Mok.  


With the 2018 Ontario Provincial election fast approaching, many ridings are preparing to select their candidates over the next few months. Nominees are getting ready to complete their membership sign-ups and campaigning to win the nomination for candidacy.
随着2018年安省大选快速接近,许多选区正在准备在未来几个月内选出候选人。每个提名人正准备完成支持自己的党员注册和拉票,以获得候选人提名。
 
In their zealous effort to reach potential supporters, nominees have tried to skirt existing laws to achieve their goal. Holding up the Canada Elections Act,  the campaign team from one of the nominees in Markham tried to gain access to Condominium apartment buildings and knock on doors within. Gaining access to public places and residential dwellings by nominees is not mandated by law and it also infringes on the privacy of residents as well.
 
为了获得更多的潜在支持者,许多提名人都试图钻现行法律的空子来达到目标。拿着加拿大选举法,一个万锦提名人的竞选团队试图进入公寓楼公寓,挨家挨户地敲门拉票。问题是,提名人进入公共场所和住宅的企图不仅侵犯了居民的隐私,也未经法律允许。
 
While the Federal Canada Elections Act allows for the candidates in a Federal election and referendum to gain access to public places and residential dwelling by the candidates and their representatives during a campaign, this is not the case. A nominee is not a candidate until the nomination race is won. Therefore, the team in question is only representing a nominee for a provincial candidacy and not a candidate. The Federal Canada Elections Act also is not applicable to Provincial election activities.
在联邦选举和全民公投时,加拿大联邦选举法允许候选人及其代表在竞选期间到公共场所和住宅拉票,但以上情况不属此类。提名人在党内获胜之前,他/她还不是候选人。因此,他/她的团队只是代表省选提名人,而不是候选人。 另外,联邦加拿大选举法也不适用于省选。
 
This action of the campaign team to leave the Federal Canada Elections Act pages with the building security personnel to try and convince them to allow for the door knocking activity identifies the team's ignorance of the law and the use of a strong arm tactic to approach residents to further their campaign in order to gain an advantage over other law-abiding nominees.
这个提名人的拉票团队借助加拿大联邦选举法,试图让大楼保安放他们进楼拉票。这表明该团队对法律的无知,同时说明他们想采用强硬的手段到民宅拉票,以便击败那些守法的提名人。
 
The Ontario Elections Act covers a full spectrum of issues relating to the provincial elections and their administrations but it is silent when it comes to access to public places and residential dwellings. The access to rented premises at all three levels of government is actually covered by Section 28 of the Residential Tenancies Act. The access to condominium is addressed by Section 118 of the Condominium Act which also includes the School Boards elections. Within these Acts, it is mandated that reasonable access for canvassing or distributing election materials for “Candidates and their authorized representative” cannot be restricted.
“安大略省选举法”涵盖了与省级选举及选举管理的各种问题,但此法却没有就公共场所和住宅拉票问题进行规定。 事实上,“住宅租赁法”第28条规定了人们进入出租公寓的规则。 进入共管公寓的规定由“公寓法”第118条涵盖,此法还规定了教委选举进入公寓拉票的规则。这些法案都规定民宅大楼要允许“候选人及其授权代表”进行拉票或分发选举材料。
 
It is necessary for management and security to demand proper credentials from anyone who claims to be a candidate's representative. A simple solution is to review a copy of signed authorization from the candidate's office and check it against the representative's identification. If in doubt, a call should be made to the campaign office to verify the document's authenticity. This would help to prevent thieves and robbers from gaining access to the building during election time.
大楼管理和保安部门要求任何声称是候选人代表的人出示有关凭证才能进入大楼是非常必要的。一个简单的解决方案是从候选人办公室索取已签署授权的副本,并对代表的身份进行核查。如有疑问,大楼管理部门和保安应向竞选办公室致电,核实文件的真实性。这将有助于防止小偷和强盗在选举时间内混进大楼。
 
Since campaigning for nominees are excluded from various Acts, it will be up to the management of condominium or apartment building to determine whether such campaigning activities should be allowed. Once a precedence is set, the management will probably have to allow all other nominees or candidates to gain access in order to exercise fairness to all. It is questionable that residents want constant door knocking activities within their buildings.
由于提名人的竞选不在各种法案的规定范围内,这使得共管公寓大楼或出租公寓大楼的管理部门自己决定是否允许提名人拉票活动。为了公平,如果大楼管理部门给一个提名人开了绿灯,他们可能必须给所有提名人或候选人开绿灯。可以想象,大楼里的居民一定会反感有人不断敲门。
 
Nominees and their campaigning are only the first steps to becoming candidates. Nominees and their representatives have no rights to invade the privacy of residents within condominiums and apartments. They can request access but it is up to management of the building to grant them their wishes. It is not the nominee's rights!
提名人和随之的拉票活动只是成为候选人的第一步。提名人及其代表无权进入共管公寓和出租公寓内扰乱居民的隐私。他们可以申请进大楼拉票,但是否被接受得由大楼管理部门说了算。进楼拉票不是提名人的权利!
 
In the upcoming 2018 Municipal election, the York Region Chair position may also be included  for public election if Bill #42 becomes law on time. This will further increase the number of candidates who will be visiting private places like Condominiums and apartment buildings.
在即将到来的2018年市政选举中,如果法案第42号成为法律,约克地区的主席职位也可能成为竞选职位。这将进一步增加去共管公寓和出租公寓等私人场所拉票的人数。
 
To summarize this issue: Access to Public places and Residential dwellings are allowed by candidates and their representatives for the purpose of canvassing or distribution of election materials during the election campaign period only. While the Canada Elections Act pertains to the Federal elections only and stipulates that offenders are subject to fines and prison terms, the other Condominium and Tenancies Acts do not specifically address any repercussions for non-compliance. It is expected that property management will be expedient and reasonable when it comes to granting access to candidates and their representatives to facilitate an open and democratic election process.
总结一下以上所谈的问题:候选人及其代表只能在竞选期间才能进入公共场所和住宅大楼进行拉票或分发选举材料,。“加拿大选举法”仅涉及联邦选举,并规定了违规者所面临的处罚,包括罚款和入狱,但“公寓和租赁法”并没有明确规定违规者所面临的后果。为了给民主选举程序提供方便,物业管理部门一般都会让候选人及其代表准许进入大楼进行拉票。
 



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