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
Employers are navigating uncharted territory when it comes to COVID-19 vaccines, from employee health and safety, to workplace policies, privacy and human rights concerns, a panel of Firm lawyers sit down and explore the complicated…
Read MoreKevin Landry and Annelise Harnanan (summer student) Recently, the Advisory Committee on Open Banking released the Final Report of the Advisory Committee on Open Banking, (“Report”) confirming its intention to implement a broader, more modernized…
Read MoreKathleen Nash In a recent decision, McCallum v Saputo,¹ the Manitoba Court of Appeal confirmed that an employer does not have a “free-standing, actionable duty” to investigate an employee’s conduct prior to dismissal.² The Court of Appeal held…
Read MoreBrendan Sheridan The Government of Canada is undertaking a phased approach to re-opening the international border. While the government has had limited exemptions to the travel prohibitions throughout the pandemic, the loosening of the restrictions…
Read MoreKevin Landry On August 3, 2021 the Canadian Securities Administrators (“CSA”) announced plans to combine the Investment Industry Regulation Organization of Canada (“IIROC”) with the Mutual Fund Dealers Association of Canada (“MFDA”). This move will…
Read MoreJohn Samms, with the assistance of Olivia Bungay (summer student) In a recent decision, S.D. v Eastern Regional Integrated Health Authority, 2021 NLSC 100, the Supreme Court of Newfoundland and Labrador denied the Plaintiff’s application…
Read MoreRichard Jordan and Folu Adesanya The 2021 Nova Scotia general election will be held on August 17, 2021. With the election looming, many Nova Scotians will be wondering the same question: “Am I entitled to…
Read MoreIn the second episode of our labour and employment podcast, Workplace Issues in Atlantic Canada: A Legal Perspective, host and practice group leader Rick Dunlop speaks with Annie Gray and Dante Manna about the Federal…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 08 Clarence Bennett It is increasingly difficult to reconcile the rights of a student charged with sexual assault, with the rights of the victim, along…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 08 Jacob Zelman Striking the proper balance Public discourse around instances of sexual violence is at an all-time high. In the wake of the #MeToo…
Read More