We want to wish all of our clients, friends and loyal readers a Happy Canada Day!!   It will of course be a special celebration of the 150th anniversary of our marvelous nation.  We want to wish everyone joyous and safe celebrations.

And, we offer our usual reminder about the National Flag.

Our National Flag of Canada Act says (among other things) that persons in control of a condominium building (meaning condominium corporations and managers) are “encouraged” to allow the displaying of Canada’s national flag (ie. by residents of the condominium).

But of course, this does not create any entitlement to display the flag, and this also does not prevent the enforcement of the condominium’s governing documents.  So, for instance, if the condominium’s Rules prevent the displaying of flags, the condominium corporation would have the obligation to enforce those Rules – subject to any special or unusual circumstances (such as Human Rights) that might exist in a given case.

But in our view a condominium corporation could also consider a Rule to allow for the displaying of the flag (with any desired restrictions as to times, sizes, locations, etc.), as long as this is permitted by the Declaration.

Again, our best wishes to you all on this year’s special Canada Day!

Stay tuned to Condo Law News for more blogs about amendments to the Condominium Act and upcoming events .