Adam Johnson
Northern News Services
Published Friday, September 14, 2007

YELLOWKNIFE - One city councillor wants Yellowknifers to know their rights when it comes to displaying election signs, after her condominium corporation asked her to take down hers.

Yellowknife city councillor Lydia Bardak stands outside of the Elections NWT office in Centre Square Mall. She wants people to know their rights when it comes to election signs. - Adam Johnson/NNSL photo

Coun. Lydia Bardak said she was surprised to receive a call from the management of Northern Heights this week, asking her to remove an election poster from the balcony of her fourth-floor condo.

"All voters, all citizens can put signs up during an election," she said. "I wouldn't want to be excluded from that because of where I live."

The managers cited a building bylaw, which prohibits "display signs, billboards, advertising matter or other notices or displays of any kind," on the exterior of the building, according to an e-mail obtained by Yellowknifer.

Representatives of Elections NWT said this bylaw is easily trumped by the NWT Elections and Plebiscite Act.

According to Section 100, "a condominium corporation... shall not prohibit the owner of a condominium unit from displaying campaign signs or posters on the premises of his or her unit."

Similar rules apply to rental properties.

Saundra Arberry, chief electoral officer for the NWT, said any attempt to remove these signs would be seen as a violation of the act.

"If we pursue that offence, the condominium corporation could be eligible for up to a $2,000 fine."

However, she said it rarely comes to that.

"What we normally do is send a letter to the condo corporation," she said, who are often simply unaware of their responsibility under the act. "Normally, they're pretty good."

Section 100 includes a provision that allows condominium corporations or landlords to set "reasonable limits" on the size or type of signs, and may prohibit them in "common areas."

Arberry said these areas can include elevators, lobbies and doorways, but that the exception does not apply to individual units.

At deadline, Bardak said she hadn't heard back from her condo company after informing them about Section 100.

She said the policy has had a clear impact on her neighbours in the complex, where she has lived since 1995.

"I've noticed over the years that not one has put signs up on their balconies."

Further, she said the situation creates a confusing double standard.

"I have a table and chairs on my balcony, I put Christmas lights up and I put out potted plants," she said. "Does this mean nothing's allowed on our balconies?"

Representatives of Northern Heights did not return phone calls at press time.