2024 New Brunswick election: employer obligations
By John Morse
The New Brunswick provincial election is set to take place on Monday, October 21, 2024, with polling hours between 10:00 a.m. to 8:00 p.m.
Under the New Brunswick Elections Act, all employees who are eligible voters (i.e., Canadian citizens aged 18 and older) are entitled to three consecutive hours off work during polling hours to ensure they can cast their vote.
Employers are only required to provide employees time off if the employees’ work schedule does not provide the employee with 3 consecutive hours to vote.
For example, an employee working from 9:00 a.m. to 5:00 p.m. will have three consecutive hours to vote after work (5:00 p.m. to 8:00 p.m.), and is not entitled to time off to vote. However, an employee working from 7:00 a.m. to 7:00 p.m. will only have one hour available (7:00 p.m. to 8:00 p.m.) to vote, and must be provided additional paid time off to provide the employee with at least three consecutive hours to vote.
Employers have the discretion to determine when the three consecutive hours will be granted. Possible options include:
(a) Allowing employees to leave work at 5:00 p.m. to provide three hours (5:00 p.m. to 8:00 p.m.);
(b) Allowing employees to start work later, such as at 1:00pm, enabling them to vote from 10:00 a.m. to 1:00pm; or
(c) Offering three consecutive hours off at any point during the workday while the polls are open.
Employers are prohibited from interfering with an employee’s right to vote. This includes preventing access to the time off for voting, intimidation, or any other form of coercion. Employers are also prohibited from deducting pay or imposing penalties on employees for the time taken off to vote.
This client update is provided for general information only and does not constitute legal advice. If you have any questions about the above, please contact the authors, or a member of our Labour & Employment Group.
Click here to subscribe to Stewart McKelvey Thought Leadership.
Archive
Peter McLellan, QC and Level Chan On November 29, 2017, the Nova Scotia Department of Finance and Treasury Board released new regulations with respect to asset transfers between pension plans that are effective November 28, 2017.…
Read MoreRick Dunlop and Kevin Landry The federal government has opened its 60-day consultation period with the release of its Proposed Approach to the Regulation of Cannabis. The paper outlines a potential regulatory framework which could…
Read MoreJosie Marks and Lara Greenough As 2017 comes to a close, please find below a summary of significant 2017 legislative amendments in each of the Atlantic Canadian provinces as well as federally, along with a…
Read MoreBrian Johnston, QC and Julia Parent In response to the report of the House of Commons committee on pay equity, the federal Liberal government announced its intention to bring in legislation to better ensure that…
Read MorePaul Smith and Dante Manna On November 14, 2017, Bill 22, also known as the proposed Pooled Registered Pension Plan Act (the “NB Act”), was introduced in the New Brunswick Legislature. If passed, New Brunswick…
Read MoreAndrew Burke and Kevin Landry The Toronto Stock Exchange (“TSX”) has made two recent changes to the TSX Company Manual that will impact disclosure: A. It introduced a requirement for many corporate listed issuers to…
Read MoreJennifer Taylor There is a role for social justice in statutory interpretation, according to the Nova Scotia Court of Appeal in the recent decision of Sparks v Nova Scotia (Assistance Appeal Board). This case is…
Read MoreKevin Landry and Jamie Watson New Brunswick’s proposed cannabis regulatory scheme has been introduced. An initial press release was followed by the introduction of amendments to the New Brunswick Liquor Control Act, and the Motor…
Read MorePeter McLellan, QC & Level Chan In September 2017, Nova Scotia’s Department of Finance and Treasury Board announced that stakeholder input is being sought regarding potential permanent changes to the funding framework for defined benefit…
Read MoreAndrew Burke & Divya Subramanian Securities markets around the world are grappling with new concerns: As fintechs make cryptocurrency offerings such as Initial Coin Offerings (ICOs), Initial Token Offerings (ITOs) or other digital token offerings,…
Read More