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
Daniela Bassan Last month, the Supreme Court of Canada released its much-anticipated decision in Keatley Surveying Ltd. v Teranet Inc., 2019 SCC 43. This was a certified class proceeding on behalf of all land surveyors…
Read MoreKillian 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…
Read MoreJohn Samms The upcoming federal election is drawing near. You may be thinking about exercising your democratic and constitutional right to vote – you may not be. You may never even consider participating in the…
Read MoreTwila Reid and Kara Harrington On January 1, 2020, changes to the Newfoundland and Labrador Occupational Health and Safety Regulations, 2012 (“Regulations”) will take effect. These changes impact employers in a variety of ways, most…
Read MorePeter McLellan, QC In the January 18, 2019 article, Change is the only constant – Bill C-86 changes in federal labour and employment regulation, we outlined in detail massive changes to how federal labour and…
Read MoreRick Dunlop and Madeleine Coats The proposed Workplace Harassment and Violence Prevention Regulations (“Regulations”) will replace the current workplace violence obligations in the Canada Occupational Health and Safety Regulations. Although the Regulations will likely not…
Read MoreHilary Newman Earlier this year, the Prince Edward Island Labour Relations Board (“Board”) issued a decision¹ wherein it certified the Charlottetown Professional Firefighters Association (“Association”) as bargaining agent for: All employees of the City of…
Read MoreBryan Mills and John Morse On May 21, 2019, the New Brunswick Labour and Employment Board (”Board”) dismissed an application by the New Brunswick Union of Public and Private Employees (“Union”) seeking certification as bargaining…
Read MoreJonathan Coady and Justin Milne The Ontario Court of Appeal has found that the Greenhouse Gas Pollution Pricing Act¹ is valid federal legislation.² The Act implements national minimum pricing standards to reduce greenhouse gas (“GHG”) emissions.…
Read MoreRichard Niedermayer, TEP, Jennifer Taylor and Bhreagh Ross, summer student There is a right to testamentary freedom under section 7 of the Charter, according to a recent decision of the Nova Scotia Supreme Court. In…
Read More