What employers and employees need to know about election day in Nova Scotia
Richard Jordan and Folu Adesanya
The 2021 Nova Scotia general election will be held on August 17, 2021.
With the election looming, many Nova Scotians will be wondering the same question: “Am I entitled to any time off of work in order to vote?”
The short answer: maybe.
Voting polls in Nova Scotia are open from 8:00 a.m. to 8:00 p.m. on election day.
Section 131 of the Nova Scotia Elections Act provides that any employees eligible to vote are entitled to three consecutive hours off from work while the polls are open in order to cast their ballot on election day.
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 8:00 p.m.). The employer need not provide the 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 such additional time with pay as necessary to provide the three consecutive hours. The Elections Act is clear, though, that when the three hours occurs is at the discretion of the employer.
For example, if an employee is scheduled to work a shift from 10:00 a.m. to 6:00 p.m., the employer could choose to either (a) permit the employee to begin their work day at 11:00 a.m. (so the employee has three consecutive hours from 8:00 a.m. to 11:00 a.m. to vote) or (b) leave work at 5:00 p.m. (so the employee has three consecutive hours to vote from 5:00 p.m. to 8:00 p.m.).
Certain employees involved in the operation and dispatch of trains, buses, motor transport, ships or aircrafts are exempt from the requirement to have three consecutive hours off work in order to vote, if taking the three consecutive hours would interfere with the scheduled operation of those services.
An employer who refuses, or by intimidation, undue influence, or in any other way interferes with the use by an employee of the three consecutive hours for voting, or fails to pay the employee, is guilty of an offence under the Elections Act.
This update is intended for general information only. If you have questions about the above, please contact a member of our Labour and Employment group.
Click here to subscribe to Stewart McKelvey Thought Leadership.
Archive
Rick Dunlop In my December 15, 2016 article, Federal Government’s Cannabis Report: What does it mean for employers?, I noted the Report’s1 suggestion that there was a lack of research to reliably determine when individuals are impaired…
Read MoreRick Dunlop and Michelle Black On March 14, 2014, CanMar Contracting Limited (“CanMar”) granted a day off to two of its hard working and longer serving employees so they could spend time with their respective families. That…
Read MoreJoe Thorne and Meaghan McCaw The doctrine of unconscionability is an equitable remedy available in exceptional circumstances where a bargain between parties, be it a settlement or a release, may be set aside on the basis that…
Read MoreJonathan Coady After more than five years, the Prince Edward Island Information and Privacy Commissioner (the “Privacy Commissioner”) has completed her review into more than sixty records withheld by a local school board on the…
Read MorePeter McLellan, QC & Richard Jordan Introduction On February 21, 2017 the Nova Scotia Government passed Bill 75 – the Teachers’ Professional Agreement and Classroom Improvement (2017) Act. This Bulletin will provide some background to what is, today,…
Read MoreBruce Grant, QC and Justin Hewitt In the recent decision of Scotia Mortgage Corporation v Furlong1 the Supreme Court of Newfoundland and Labrador confirmed that where a law firm acts jointly for the borrower and lender in the placement…
Read MoreThe Supreme Court of Canada released its decision in Sabean v Portage La Prairie Mutual Insurance Co, 2017 SCC 7 at the end of January, finally answering an insurance policy question that had divided the lower…
Read MoreIn preparing for the 2017 proxy season, you should be aware of some regulatory changes and institutional investor guidance that may impact disclosure to, and interactions with, your shareholders. This update highlights what is new…
Read MorePerlene Morrison and Hilary Newman During the fall 2016 legislative sitting, the Province of Prince Edward Island passed legislation that results in significant changes to the Planning Act. The amendments received royal assent on December 15, 2016 and…
Read MoreJoe Thorne1 and Justin Hewitt2 In Unifund Assurance Company v Churchill,3 the Newfoundland and Labrador Court of Appeal considered the application of our rules of court and the common law as they relate to disclosure of documents produced in…
Read More