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


 
 

Dude, where’s my cure? On the road to benefits coverage of psychedelics

May 3, 2023

Included in Discovery: Atlantic Education & the Law – Issue 12 By Dante Manna[1] Once known for recreational use, psychedelics are slowly gaining medical legitimacy as research emerges on possible therapeutic benefits for mental health…

Read More

Discovery: Atlantic Education & the Law – Issue 12

April 28, 2023

We are pleased to present the twelfth issue of Discovery, Stewart McKelvey’s legal publication targeted to educational institutions in Atlantic Canada. Our lawyers provide insight on a number of topics facing universities and colleges including…

Read More

Raising capital under the Nova Scotia Innovation Equity Tax Credit regime

April 17, 2023

By Kyle S. Hartlen, Gavin Stuttard, and Colton Smith What is the Innovation Equity Tax Credit? The Nova Scotia Innovation Equity Tax Credit (“IETC“) is a non-refundable personal and corporate income credit intended to encourage…

Read More

Changes to Canada’s Competition Act coming into effect this summer: a primer on recent amendments impacting Canadian businesses

April 13, 2023

By Deanne MacLeod, K.C., Burtley G. Francis and David F. Slipp In June 2022, Canada’s federal government enacted a number of changes to the Competition Act (the “Act”) as the first step in a comprehensive…

Read More

Nova Scotia to limit medical notes for employee absences

April 4, 2023

This article was updated on April 19, 2023. By Mark Tector and Ben Currie On April 12, 2023 Bill 256: Patient Access to Care Act received Royal Assent. Schedule B of the Bill is the…

Read More

Recent Amendments to the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations

April 3, 2023

This Thought Leadership article is a follow-up to our January 2023 article on the introduction of the Prohibition on the Purchase of Residential Property by Non-Canadians Act. By Brendan Sheridan On January 1, 2023, the…

Read More

Consultation on potential amendments to the Cannabis Regulations

March 31, 2023

By Kevin Landry and Jahvon Delaney Background On March 25, 2023, the Government of Canada released a Notice of Intent titled Consultation on potential amendments to the Cannabis Regulations. The Notice outlines that Health Canada is…

Read More

New reporting requirements for beneficial ownership of Nova Scotia companies

March 28, 2023

By Kimberly Bungay On April 1, 2023, the Nova Scotia government will proclaim into force Bill 226, which amends the Companies Act (the “Act”) to require companies formed under the Act to create and maintain…

Read More

Abuse of sick leave / failure of employee to participate in accommodation process: Vail v. Oromocto (Town), 2022 CanLII 129486

March 21, 2023

By Chad Sullivan and Kathleen Starke Background A recent decision, Vail v. Oromocto (Town), 2022 CanLII 129486, involved several grievances including an unjust dismissal claim by a firefighter as well as a grievance filed by…

Read More

Underused Housing Tax Act introduces new tax on vacant or underused housing

March 13, 2023

By Stuart Wallace and Kim Walsh On January 1, 2022, the Underused Housing Tax Act (the Act) took effect. The Underused Housing Tax (the UHT) is an annual 1% tax on the value of vacant or…

Read More

Search Archive


Scroll To Top