Client Update: Time Off To Vote
OCTOBER 19, 2015 – FEDERAL ELECTION
A Federal election has been called for Monday, October 19, 2015. Polls are open in Atlantic Canada from 8:30 a.m. to 8:30 p.m. Advance polls are open from noon to 8:00 p.m. on Friday, October 9, Saturday, October 10, Sunday, October 11, and Monday, October 12. Individuals may also register to vote by special mail-in ballot at www.elections.ca.
Qualified Elector
Every Canadian citizen, 18 years or older on polling day is entitled to vote.
Three Consecutive Hours
Qualified electors are entitled to three consecutive hours on voting day to cast their ballots during polling hours (i.e., 8:30 a.m. to 8:30 p.m.). If the employee’s work schedule prevents having three consecutive hours off to vote, the employer must provide the time off to meet the three consecutive hours rule. The following are examples of what time off to vote looks like when voting hours are 8:30 a.m. to 8:30 p.m:
-
- The employee works from 8:00 a.m. to 4:00 p.m. – no time off required because the employee has 4.5 consecutive hours off of work to the time polls close at 8:30 p.m.
- The employee works from 9:00 a.m. to 5:00 p.m. – no time off required because the employee has three consecutive hours off of work to the time polls close at 8:30 p.m.
- The employee works from 7:00 a.m. to 7:00 p.m. – the employee may be permitted to arrive late or leave early to provide three consecutive hours off of work.
The employer has the right to decide what time off to provide to an employee in order to meet the required three consecutive hours and is under no obligation to make allowance for “travel time” to vote for the employee. The Canada Elections Act prohibits any deduction or reduced pay or imposing any penalty for time off to vote as required by the Act.
Employees of a transportation company (i.e., transporting goods or passengers by land, air or water) who are employed outside their polling division in the operation of transportation are not entitled to time off if it cannot be provided without interfering with the transportation service.
What’s the Penalty?
An employer who is convicted of a violation under the Canada Elections Act (e.g., failing to provide time off or reducing an employee’s pay) may be liable for up to a $2000 fine and/or three months imprisonment, or both.
Archive
Brendan Peters Domain names are the addresses we type into our internet browsers to be taken to a website, like ‘stewartmckelvey.com’. Even easy-to-remember domain names can be confused with similar ones, making them a vector…
Read MoreAmendments to come for more flexibility to correct contribution errors in defined contribution plans
Level Chan and Rachel Abi Daoud On February 4, 2022 the federal government released a set of draft legislative proposals (“Draft Legislation”) amending the Income Tax Act (“Act“) and Income Tax Regulations (“Regulations“). The draft…
Read MoreIncluded in Beyond the border: Immigration update – February 2022 Brittany Trafford There are many advantages to employing temporary foreign workers (“TFW”) in Canada to address labour gaps and skills shortages, but employers who undertake…
Read MoreIncluded in Beyond the border: Immigration update – February 2022 Brendan Sheridan The majority of foreign nationals coming to work in Canada require a work permit to provide their services with limited exceptions. While there…
Read MoreMark Tector and Will Wojcik On February 23rd, 2022, the Government of Nova Scotia announced that it will remove all public health restrictions by March 21, 2022, putting an end to approximately two years of…
Read MoreProvincial mandates, and the advice of public health have required employers to constantly adapt and implement changes to their workplace for the better part of the last two years – it isn’t over yet. Revocation…
Read MoreIncluded in Beyond the border: Immigration update – February 2022 Brendan Sheridan Employers applying for Labour Market Impact Assessment (“LMIA”) applications generally must complete advertising and recruitment as part of this application. The minimum advertising…
Read MoreIncluded in Beyond the border: Immigration update – February 2022 Sara Espinal Henao The Atlantic Immigration Pilot Program has finally become a permanent immigration pathway. Designated employers in Atlantic Canada will be able to continue…
Read MoreAndrew Burke, Colleen Keyes, Gavin Stuttard and David Slipp As clients prepare for the upcoming proxy season, COVID-19 continues to impact our business and personal lives. Consequently, companies may need or decide to hold shareholder…
Read MoreKatharine Mack On January 1, 2021 the Workplace Harassment and Violence Prevention Regulations (“Regulations”) under the Canada Labour Code came into effect. These Regulations significantly expanded obligations of federally regulated employers with respect to preventing…
Read More