Skip to content

Employer obligations for the October 21 federal election

Killian McParland

With the federal election coming up next week on October 21, 2019, it is a good time for a reminder of the employer obligations under the Canada Elections Act.

Employees who are eligible to vote (Canadian citizens who are 18 years of age or older) are entitled to have three consecutive hours while the polls are open in order to do so. Whether an employer is required to allow an employee time off from work to vote depends on the employee’s scheduled working hours and the available polling hours (which vary by region). Where an employer is required to allow such time off from work, it gets to choose the hours.

For example, let’s assume the available polling hours are from 8:30 a.m. to 8:30 p.m. If the employee is scheduled to work from 9:00 a.m. to 5:00 p.m., then the employer is not required to provide time off. The employee has (more than) three consecutive hours to vote after work. However, if the employee is scheduled to work from 10:00 a.m. to 6:00 p.m., then the employer is required to allow the employee additional time off such that the employee has three consecutive hours to vote. In that example, the employer could allow the employee to leave early at 5:30 p.m.

Where an employee is entitled to time off to vote in the federal election, the employer is not permitted to make a deduction from their pay or impose a penalty for that time. This means that the time off to vote must be paid as if the employee worked their full scheduled hours that day.

Finally, please note that there is an exception for employees of certain transportation companies who are employed outside of their polling division in the operation of a means of transportation, if the additional time off cannot be allowed without interfering with the transportation service.


This update is intended for general information only. Should you have questions on the above, please contact a member of our Labour & Employment group.

 

Click here to subscribe to Stewart McKelvey Thought Leadership.

SHARE

Archive

Search Archive


Generic filters

 
 

Entry of business persons to Canada under CUSMA

July 3, 2020

Effective July 1, 2020, the North American Free Trade Agreement (“NAFTA”) was officially replaced by the Canada-United States-Mexico Agreement (“CUSMA”). Like NAFTA, CUSMA contains provisions for the temporary entry of foreign “business persons” to Canada…

Read More

The Supreme Court of Canada paves the way for class action lawsuit against Uber

June 26, 2020

Killian McParland and Jennifer Thompson In a decision released earlier today, Uber Technologies Inc. v. Heller¹, the Supreme Court of Canada determined that an agreement requiring Uber drivers to go to arbitration instead of suing…

Read More

COVID-19 immigration update

June 24, 2020

*Last updated: June 24, 2020 (Originally published April 1, 2020) Kathleen Leighton Due to the COVID-19 pandemic, there are various implications for the immigration world, including for those already in Canada, as well as those…

Read More

Bringing Corporate Governance Online: Can Atlantic Canadian private issuers leverage tech solutions while complying with provincial corporate statutes? Part 2: Electronically-signed share certificates

June 22, 2020

Stephanie Stapleford, Mike Carver, Matthew Craig, Kimberly MacLachlan and Christine Pound Part 2: Electronically-Signed Share Certificates The COVID-19 crisis, and federal, provincial and local government directives for individuals to continue complying with social distancing policies…

Read More

I am Terribly Vexed – Vexatious Litigants in Penney v. Newfoundland and Labrador, 2020 NLSC 46

June 22, 2020

Joe Thorne and Kara Harrington Vexatious litigants are a category of persons who misuse the court process through repeated improper, abusive, and/or meritless proceedings. Vexatious litigants may take many forms, but ultimately they are a…

Read More

Discovery: Atlantic Education & the Law – Issue 06

June 18, 2020

We are pleased to present the sixth issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. During these unprecedented times, universities and colleges are encountering unique challenges of working…

Read More

Temporary lay off timeline extended to 26 weeks from 13… temporarily

June 15, 2020

Twila Reid and John Samms On Friday, June 12, 2020, the Government of Newfoundland and Labrador announced it has extended the time period under section 50 of the Labour Standards Act (“the Act”) that converts…

Read More

Travelling to visit a cottage or summer home in Canada during COVID-19

June 15, 2020

  Kathleen Leighton Those who have vacation homes or cottages in Canada may be starting to form their summer plans as temperatures begin to rise. However, the ongoing pandemic has resulted in a host of…

Read More

Taking stock: Quick reference guide for government initiatives

June 5, 2020

*Flowchart below last updated June 2, 2020 (Originally published April 14, 2020) Dante Manna With the passing of Bill C-14, the COVID-19 Emergency Response Act, No. 2 on April 11, 2020, the federal government has…

Read More

Proposed extension of time limits under various legislation may create significant disruption to foreign investments

May 29, 2020

Burtley Francis Recently, the Government published for public comment draft legislation referred to as the Time Limits and Other Periods Act (COVID-19). The underlying purpose of the draft legislation, which was published on May 20,…

Read More

Search Archive


Generic filters

Scroll To Top