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


 
 

New Brunswick Provincial Government releases Climate Change Plan

October 11, 2022

By Alanna Waberski and Isaac McLellan On September 21, 2022, the Government of New Brunswick released its renewed climate change action plan which aims to help the province adapt to climate change while steering New…

Read More

Court upholds mandatory vaccine policy – Placing employee on unpaid leave not constructive dismissal

October 3, 2022

Mark Tector and Ben Currie While there have been a number of arbitration decisions on the subject, Parmar v Tribe Management Inc., 2022 BCSC 1675 appears to be the first reported civil court decision to…

Read More

Federal Government, Nova Scotia, and Newfoundland and Labrador clearing the way for offshore wind development

September 29, 2022

Sadira Jan, Dave Randell, and James Gamblin Nova Scotia (“NS”) and Newfoundland and Labrador (“NL”) are positioned to become international leaders in offshore wind and green hydrogen. Each province has expansive offshores areas, abundant wind…

Read More

Health Canada announces legislative review of Cannabis Act

September 27, 2022

Kevin Landry and Nikolas Shymko The Cannabis Act came into force on October 17, 2018, putting in place framework for controlling the sale, possession, production and distribution of cannabis. The Cannabis Act requires the Minister…

Read More

COVID-19 immigration and travel: where are we now?

September 27, 2022

Brendan Sheridan and Brittany Trafford. Many events and workplaces started to feel more normal over the summer as we emerged from over two years of restrictions and COVID-19 pandemic precautions. However, as people line up…

Read More

Deadline extended on CAPSA guideline consultations

September 21, 2022

By Level Chan and Shaniqwa Thomas The Canadian Association of Pension Supervisory Authorities (CAPSA) has extended its deadline for submissions to October 14, 2022 on the following draft guidelines: Approach to Risk Management Guideline; Environmental,…

Read More

An email scam cautionary tale

September 16, 2022

By Nancy Rubin, K.C. and Levi Parsche What happens if a person accidentally makes payment to a hacker, instead of to the person they actually owe money? Should they have to pay again? In the…

Read More

Federal holiday declared to honour Queen’s death on September 19, 2022, but Atlantic provinces divided on whether to declare the holiday for private sector businesses

September 14, 2022

G. Grant Machum and Ben Currie On Tuesday, September 13, 2022, Prime Minister Justin Trudeau declared a federal holiday on Monday, September 19, 2022 to honour the death of Queen Elizabeth II. Minister of Labour…

Read More

Shareholder Agreements in Nova Scotia

September 13, 2022

Kevin Landry, Matt Jacobs Shareholder agreements are a key part of corporate governance. Nova Scotia is unique from other Canadian jurisdictions because the Companies Act (Nova Scotia) doesn’t contemplate ‘Unanimous Shareholder Agreements’ as other corporate…

Read More

Overwhelming backlog of Canadian immigration applications prompts new government action

August 25, 2022

By Kathleen Leighton Last year, Canada boasted record admissions of permanent residents, despite the COVID-19 pandemic, and has an even more ambitious target for 2022 – namely, to welcome 431,000 permanent residents to the country.…

Read More

Search Archive


Scroll To Top