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
Halifax Partners Richard Niedermayer, TEP, Secretary, STEP Canada, and Tim Matthews, QC, TEP, and Articled Clerk Madeleine Coats, have prepared a useful resource for STEP Canada members outlining the options in place for having estate…
Read MoreJoe Thorne In our update on April 2, 2020, Newfoundland and Labrador passes law to allow variation periods and statutory timelines during COVID-19 pandemic, we reported on Newfoundland and Labrador’s passage of the Temporary Variation…
Read MoreRick Dunlop The question on many businesses’ mind is when and what exactly does an end to the COVID-19 lockdown look like. The Economist describes various European government’s easing of COVID-19 restrictions as being done…
Read MoreBurtley Francis In a statement issued on April 18, 20201, the federal government (through Innovation, Science and Economic Development Canada) signalled that certain foreign investments into Canada will now face enhanced scrutiny under the Investment…
Read MoreStephanie Stapleford and Allison Whelan,LL.M In a previous Thought Leadership piece, “Tax update – response to COVID-19” (26 March 2020), we reviewed the Federal COVID-19 Emergency Response Act and provided an update on operational changes…
Read MoreClarence Bennett, James LeMesurier, QC and Kathleen Nash On April 17, 2020, the Legislative Assembly of New Brunswick met for a quick sitting during which two new Bills were introduced and received Royal Assent within…
Read MoreBurtley G. Francis and David Slipp During this unprecedented period of social isolation and economic uncertainty brought about by the COVID-19 pandemic, businesses are rapidly re-structuring their operations and adjusting their practices in order to…
Read MoreRebecca Saturley COVID-19 hit us all like a proverbial freight train. In a short period of time we all went from business as usual to the new normal. From social distancing to mass lay-offs to…
Read More(Updated) Peter McLellan, QC and Katharine Mack In a display of bi-partisanship, on Saturday, April 11 Parliament unanimously passed the COVID-19 Emergency Response Act, No. 2 and it received Royal Assent. In addition to other…
Read MoreDaniela Bassan, QC The Federal Court recently upheld the decision of the Registrar of Trademarks in a dispute over the registration and use of the PENTASTAR word mark in Canada, in Pentastar Transport Ltd. v.…
Read More