Skip to Content

Time off to vote in the 2021 federal election

Richard Jordan

The federal election will be held on Monday, September 20, 2021.

Under s. 132 of the Canada Elections Act (“Act”), every employee who is an elector (i.e. a Canadian citizen and 18 years of age or older) is entitled, during voting hours on polling day, to have three consecutive hours for the purpose of casting his or her vote.

The voting hours on polling day for electoral districts in the Newfoundland or Atlantic time zone are 8:30 a.m. to 8.30 p.m.

Therefore, for an employee who works from 9:00 a.m. to 5:00 p.m., the employee would still have three consecutive hours off work while the polls are open in order to vote (5:00 p.m. to 8:30 p.m.). The employer need not provide this employee with any additional time off work.

However, where an employee’s working hours do not permit three consecutive hours off work to vote while the polls are open, the employer must allow the employee additional time with pay to provide the three consecutive hours. However, it is at the employer’s discretion as to when the three consecutive hours will occur.

Therefore, for an employee who works from 7:00 a.m. to 7:00 p.m., the employee would only have one and a half consecutive hours to vote while the polls are open (7:00 p.m. to 8:30 p.m.). In these circumstances, the employer could choose to let the employee:

(a) leave work at 5:30 p.m. (so the employee has three consecutive hours to vote from 5:30 p.m. to 8:30 p.m.);

(b) begin their work day at 11:30 a.m. (so the employee has three consecutive hours from 8:30 a.m. to 11:30 a.m. to vote); or,

(c) have three consecutive hours off at any point during the work day while the polls are open.

The only exception in the Act to the “three consecutive hours rule” is for employees who transport goods or passengers by land, air or water, who operate these transportation services outside his or her polling division. An employer is not required to offer three consecutive hours away from work if the time off would interfere with the transportation service.

Employers are prohibited under the Act from failing to allow an employee three consecutive hours for voting or for interfering with an elector’s right to have three consecutive hours for voting by intimidation, undue influence, or by any other means. Employers are also prohibited under the Act from deducting from the pay of an employee or imposing a penalty on the employee for the time that the employer is required to allow for voting.


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 a member of our Labour and Employment group.

 

Click here to subscribe to Stewart McKelvey Thought Leadership.

Archive

Overview of labour and employment implications of the proposed Federal Budget 2025 – the “Canada Strong Budget”

BY Marina Luro & Sophie Poulos

By Marina Luro and Sophie Poulos Introduction The Canadian government has recently tabled their “Canada Strong Budget 2025” (Budget 2025)[1] – an ambitious plan to increase efficiency and cut “wasteful spending”. In large part,…

Read More

Lost in the weeds: Drafting clarity, fire losses, and marijuana exclusion clauses

BY Tipper McEwan

By Tipper McEwan The British Columbia Court of Appeal recently dealt with a marijuana exclusion in Busato v. Gore Mutual Insurance Company, 2025 BCCA 79.  Mr. Busato had a license…

Read More

Proceed with caution: Supreme Court confirms framework for assessing “Material Changes” requiring timely disclosure in Lundin Mining Corp. v Markowich

By Andrew V. Burke, Jason W.J. Woycheshyn, David F. Slipp, and Noah Archibald Take note all public companies – not all operational surprises can be quietly managed. The Supreme Court…

Read More

Building Canada Act – An Act respecting national interest projects

BY Kim Walsh & Michael O'Keefe

By Kim Walsh and Michael O’Keefe Overview The Government of Canada introduced Bill C-5, the One Canadian Economy Act, just over one month after the 2025 federal election. With Bill…

Read More

Concurrent jurisdiction: New Brunswick Court clarifies intersection of labour and human rights disputes

BY Sheila Mecking & John Morse

By Sheila Mecking and John Morse Historically, unions and employees in New Brunswick have sought to enforce an employee’s human rights through both grievance arbitration and by filing complaints with…

Read More

Canada’s 2025–2027 Immigration Plan: Initial impacts

BY Chiara Nannucci

By Chiara Nannucci On October 21, 2025, the Government of Canada released a report[1] evaluating the effectiveness of its 2025-2027 Immigration Levels Plan (the “2025 Plan”).[2] The 2025 Plan was…

Read More

Obligations for service providers: New Powers of Attorney and Personal Directives Act

BY Zach Geldert, TEP

By Zach Geldert New legislation, the Powers of Attorney and Personal Directives Act, will come into force in Prince Edward Island on November 1, 2025 (the “New Act”). Along with other…

Read More

New PEI Powers of Attorney and Personal Directives Act

BY Zach Geldert, TEP

By Zach Geldert New legislation will come into force on November 1, 2025, concerning powers of attorney and personal directives in Prince Edward Island. The new act, Powers of Attorney…

Read More

A union’s optional approach to following the law

Chad Sullivan and Meaghan MacMaster, CIPP/C, CPHR The Air Canada flight attendants’ strike, the subsequent back-to-work order, and union’s refusal to comply, have all made headlines. Now that the dust…

Read More

Setting a course: Governments signal possible commercial terms and frameworks for Nova Scotia’s first offshore wind Call for Bids

BY David Randell & James Gamblin

David Randell and James Gamblin On September 18th, the federal and Nova Scotia governments issued a joint Strategic Direction Letter (the “Direction“) to the Canada-Nova Scotia Offshore Energy Regulator (the…

Read More

Search Archive