Client Update: Time Off To Vote
OCTOBER 19, 2015 – FEDERAL ELECTION
A Federal election has been called for Monday, October 19, 2015. Polls are open in Atlantic Canada from 8:30 a.m. to 8:30 p.m. Advance polls are open from noon to 8:00 p.m. on Friday, October 9, Saturday, October 10, Sunday, October 11, and Monday, October 12. Individuals may also register to vote by special mail-in ballot at www.elections.ca.
Qualified Elector
Every Canadian citizen, 18 years or older on polling day is entitled to vote.
Three Consecutive Hours
Qualified electors are entitled to three consecutive hours on voting day to cast their ballots during polling hours (i.e., 8:30 a.m. to 8:30 p.m.). If the employee’s work schedule prevents having three consecutive hours off to vote, the employer must provide the time off to meet the three consecutive hours rule. The following are examples of what time off to vote looks like when voting hours are 8:30 a.m. to 8:30 p.m:
-
- The employee works from 8:00 a.m. to 4:00 p.m. – no time off required because the employee has 4.5 consecutive hours off of work to the time polls close at 8:30 p.m.
- The employee works from 9:00 a.m. to 5:00 p.m. – no time off required because the employee has three consecutive hours off of work to the time polls close at 8:30 p.m.
- The employee works from 7:00 a.m. to 7:00 p.m. – the employee may be permitted to arrive late or leave early to provide three consecutive hours off of work.
The employer has the right to decide what time off to provide to an employee in order to meet the required three consecutive hours and is under no obligation to make allowance for “travel time” to vote for the employee. The Canada Elections Act prohibits any deduction or reduced pay or imposing any penalty for time off to vote as required by the Act.
Employees of a transportation company (i.e., transporting goods or passengers by land, air or water) who are employed outside their polling division in the operation of transportation are not entitled to time off if it cannot be provided without interfering with the transportation service.
What’s the Penalty?
An employer who is convicted of a violation under the Canada Elections Act (e.g., failing to provide time off or reducing an employee’s pay) may be liable for up to a $2000 fine and/or three months imprisonment, or both.
Archive
In the second episode of our labour and employment podcast, Workplace Issues in Atlantic Canada: A Legal Perspective, host and practice group leader Rick Dunlop speaks with Annie Gray and Dante Manna about the Federal…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 08 Clarence Bennett It is increasingly difficult to reconcile the rights of a student charged with sexual assault, with the rights of the victim, along…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 08 Jacob Zelman Striking the proper balance Public discourse around instances of sexual violence is at an all-time high. In the wake of the #MeToo…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 08 Nancy Rubin, QC and Jennifer Taylor More than ever, many of our meetings, classes, presentations and personal communications are happening virtually. With this…
Read MoreErin Best and Giles Ayers Earlier today the Supreme Court of Canada released a unanimous decision in Corner Brook (City) v. Bailey. The case was successfully argued by Erin Best and Giles Ayers of…
Read MoreJoe Thorne, with the assistance of Stuart Wallace (summer student) In a bankruptcy, there is inevitable conflict between all manner of creditors with competing claims. Our federal and provincial legislatures have identified certain claims as…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 08 Lara Greenough In the recent decision of Longueépée v University of Waterloo, 2020 ONCA 830, the Ontario Court of Appeal found the University of…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 08 Sheila Mecking and Evan MacKnight More than a year has passed since the Coronavirus disease (“COVID-19”) arrived in Atlantic Canada and caused all in-person…
Read MoreAnnie Gray and Dante Manna The federal government has announced that the Pay Equity Act (“Act”) will come into force on August 31, 2021. It has also published the final version of the Pay Equity Regulations (“Regulations”), to come into effect on the…
Read MoreSara Espinal Henao Nova Scotia is thriving. Having reached an all-time population high of 979,115 in 2020 and established itself as a start-up center and a top location for businesses, the province is poised for…
Read More