Skip to content

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.

SHARE

Archive

Search Archive


 
 

Loosening of federal border measures announced

February 16, 2022

Brendan Sheridan Canada has continuously had border measures and pre-travel requirements related to COVID-19 in place since the beginning of the Pandemic. Due to recent data indicating that the latest wave of COVID-19 has passed…

Read More

Municipal Liability in Negligence webinar

February 10, 2022

Our newest municipal webinar, in partnership with Municipalities Newfoundland and Labrador, featured St. John’s lawyers Joe Thorne and Meaghan McCaw as they discussed a recent Supreme Court of Canada decision that brought the issue of…

Read More

Beyond the border: Immigration update – February 2022

February 8, 2022

We are pleased to present the eighth installment of Beyond the Border, a publication for employers aiming to provide the latest information and analysis on new immigration programs and immigration-related issues. In this issue, insight…

Read More

Ontario ban on non-competes does not apply to agreements before October 25, 2021 – new case

February 8, 2022

Mark Tector and Will Wojcik As we reported back in December 2021, one of the changes brought about by the Ontario Working for Workers Act (“Act”) was to ban non-compete agreements, except in certain limited circumstances such as for some executive…

Read More

Alberta court upholds employer-friendly termination clause

February 7, 2022

Grant Machum, ICD.D and Emily Murray Two employer-friendly decisions from Alberta have set a precedent in favour of an employer’s right to rely on a termination clause in an employment contract, provided that the clause…

Read More

Nova Scotia relaunches Paid Sick Leave Program

January 12, 2022

Rick Dunlop and Will Wojcik Nova Scotia’s COVID-19 Paid Sick Leave Program (“Program”) is now open for applications. Employers can now be reimbursed for employees’ time off work to comply with public health requirements, including…

Read More

Retailer’s mandatory mask mandate – no discrimination based on disability or religious belief

December 30, 2021

Sean Kelly and Will Wojcik A recent decision of the Human Rights Tribunal of Alberta (“Tribunal”) dismissing a customer’s allegations of discrimination based on physical disability and religious belief against a Natural Food Store’s mandatory mask…

Read More

New Brunswick Court of Appeal rejects claim for unjust enrichment in ordinary wrongful dismissal action

December 22, 2021

Clarence Bennett and Lara Greenough In ExxonMobil Business Support Centre Canada ULC v Birmingham, the New Brunswick Court of Appeal considered the equitable remedy of unjust enrichment in the context of an ordinary wrongful dismissal…

Read More

COVID-19 vaccination soon to become mandatory in all federally regulated workplaces in Canada

December 17, 2021

Brian Johnston, QC and Katharine Mack COVID-19 vaccination policies have become more prevalent. Public sector employees have been mandated to get vaccinated in a number of jurisdictions, the federal government has mandated vaccinations in the…

Read More

Work life balance and ban on non-competes – changes to laws in Ontario

December 17, 2021

*Last updated: December 17, 2021 (originally published December 1, 2021) Mark Tector and Will Wojcik Bill 27, Working for Workers Act (“Act”), 2021, received Royal Assent on December 2, 2021, and is now in force in Ontario.…

Read More

Search Archive


Scroll To Top