The next federal election will be held on April 28, 2025. In advance of election day, it is important for employers to be aware of their obligations, and for employees to be aware of their rights, in regards to time off for voting. In this blog post, we recap these requirements.
What Obligations Do Employers Have on Election Day?
Under the Canada Elections Act (the “Act“), every employee who is an “elector” (i.e. a Canadian citizen over the age of 18) is entitled, during voting hours on polling day, to have three consecutive hours off for the purpose of casting their vote. If the employee’s hours of work do not allow for this, the employer is required to allow the time off from work for voting that is necessary to provide those three consecutive hours. Further, the employer is prohibited from making a deduction from the employee’s pay or imposing any kind of penalty for the time that the employer must allow for voting.
In addition, the Act prohibits an employer from interfering with an employee’s right to the three consecutive hours off, whether through intimidation, undue influence or by any other means.
Are All Employees Entitled to Three Hours Off Work with Pay?
No – many employees will have three voting hours available outside of their regular working hours and will therefore not be entitled to time off from work pursuant to the Act. For example, if the polls are open between 7:00 a.m. and 7:00 p.m. and an individual works an 8:00 a.m. to 4:00 p.m. shift, then they do not need additional time off.
Voting hours will differ depending on the time zone of the electoral district. You can find the voting hours in your time zone on the Elections Canada website.
Further, even if an employee is entitled to some time off from work, it is important to remember that the employer is entitled to determine when the three hours will be provided, so long as it is three consecutive hours during which the polls are open. Those three hours can be provided before the employee’s usual starting time, after their usual ending time, or by allowing them to come in late or leave early.
Are There Exceptions?
There may be exceptions for employees of an employer that transports goods or passengers, where employees are employed outside their polling division and the time off normally required for voting would interfere with the transportation service.
What Are the Penalties for Non-Compliance?
Employers who do not comply with these obligations may be fined up to $2,000.00 and/or, in exceptional circumstances, receive a prison sentence not exceeding three months. Increased penalties are available where an employer is convicted of intimidating, influencing or obstructing an employee from exercising their voting rights.
Where Do These Obligations Come From?
In the context of a federal election, these rights and obligations are set out in the Act. Please note that different rights and obligations may apply with respect to non-federal elections (for example, protections for employees in regards to voting in provincial elections in Ontario are set out in the Election Act).
Questions
If you have any questions about your obligations as an employer or your rights as an employee on election day, please don’t hesitate to contact us.
