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

Relief (potentially) in sight – The availability of remission under the Canadian retaliatory tariff regime (Part III)

BY Michelle Chai

By Michelle Chai In Parts I and II of this series, we discussed the remission guidelines and template for submissions published by the Department of Finance Canada (the “Guidelines”) for those…

Read More

Relief (potentially) in sight – The availability of remission under the Canadian retaliatory tariff regime (Part II)

BY Michelle Chai

By Michelle Chai In Part I of this series, we discussed the industries and goods eligible for remission.  In Parts II and III, we attempt to provide a framework for importers…

Read More

Relief (potentially) in sight – The availability of remission under the Canadian retaliatory tariff regime (Part I)

BY Michelle Chai

By Michelle Chai Government has implemented some processes which they hope will provide Canadian businesses and importers with some much-needed relief.  Update: An earlier version of this article was published before…

Read More

Newfoundland and Labrador Court of Appeal sends tort of “Intrusion Upon Seclusion” back into seclusion: Mount Pearl (City) v. Power, 2025 NLCA 16

BY Joe Thorne & Danielle Harris

By Joe Thorne and Danielle Harris After a brief two years of recognition in this province of a common law claim for breach of privacy, it seems its time has…

Read More

Preparing for Canada’s “Modern Slavery Act”: reporting deadline May 31

By Colleen Keyes, K.C., Christine Pound, ICD.D, and Harper Metler The 2024 reports under the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Act”) are due…

Read More

New harassment prevention obligations for Nova Scotia employers

By Sean Kelly, Katharine Mack and Tiegan Scott Effective September 1, 2025, amendments to the Occupational Health and Safety Act passed last year will require employers in Nova Scotia to…

Read More

Non-disclosure agreements: A sword or a shield?

Murray L. Murphy, K.C., CPHR, Katharine Mack and Kate Profit Non-Disclosure Agreements (“NDAs”), legal contracts in which the parties agree to keep information outlined in the agreement strictly confidential, have been the subject…

Read More

What are deceptive design patterns (DDPs)?

Charlotte Henderson and Kaitlyn Clarke Interested in understanding the impacts of AI on your business? Looking to understand how these intersect with concerns around privacy? Curious about the impacts of…

Read More

Effectively identifying and navigating subtle discrimination: A must-do list for employers

By Lynn Iding, CPHR, CCIP and Sheila Mecking Interested in understanding the impacts of subtle discrimination on your business? Curious about the latest legal developments in racial discrimination? Looking to…

Read More

Summary of Bill 14 – Act to Amend the Fair Registration Practices in Regulated Professions Act

By Sheila Mecking and Danielle Bailey-Heelan On March 25, 2025, Bill 14 was introduced by the Acting Minister of Post-Secondary Education, Training and Labour to amend the Fair Registration Practices…

Read More

Search Archive