Skip to content

Time off to vote in the 2021 federal election

Richard Jordan

The federal election will be held on Monday, September 20, 2021.

Under s. 132 of the Canada Elections Act (“Act”), every employee who is an elector (i.e. a Canadian citizen and 18 years of age or older) is entitled, during voting hours on polling day, to have three consecutive hours for the purpose of casting his or her vote.

The voting hours on polling day for electoral districts in the Newfoundland or Atlantic time zone are 8:30 a.m. to 8.30 p.m.

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 8:30 p.m.). The employer need not provide this 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 additional time with pay to provide the three consecutive hours. However, it is at the employer’s discretion as to when the three consecutive hours will occur.

Therefore, for an employee who works from 7:00 a.m. to 7:00 p.m., the employee would only have one and a half consecutive hours to vote while the polls are open (7:00 p.m. to 8:30 p.m.). In these circumstances, the employer could choose to let the employee:

(a) leave work at 5:30 p.m. (so the employee has three consecutive hours to vote from 5:30 p.m. to 8:30 p.m.);

(b) begin their work day at 11:30 a.m. (so the employee has three consecutive hours from 8:30 a.m. to 11:30 a.m. to vote); or,

(c) have three consecutive hours off at any point during the work day while the polls are open.

The only exception in the Act to the “three consecutive hours rule” is for employees who transport goods or passengers by land, air or water, who operate these transportation services outside his or her polling division. An employer is not required to offer three consecutive hours away from work if the time off would interfere with the transportation service.

Employers are prohibited under the Act from failing to allow an employee three consecutive hours for voting or for interfering with an elector’s right to have three consecutive hours for voting by intimidation, undue influence, or by any other means. Employers are also prohibited under the Act from deducting from the pay of an employee or imposing a penalty on the employee for the time that the employer is required to allow for voting.


This client update is provided for general information only and does not constitute legal advice. If you have any questions about the above, please contact a member of our Labour and Employment group.

 

Click here to subscribe to Stewart McKelvey Thought Leadership.

SHARE

Archive

Search Archive


 
 

The Latest in Employment Law: A Stewart McKelvey Newsletter – 2017 Atlantic Canada legislative update

November 28, 2017

Josie Marks and Lara Greenough As 2017 comes to a close, please find below a summary of significant 2017 legislative amendments in each of the Atlantic Canadian provinces as well as federally, along with a…

Read More

The Latest in Employment Law: A Stewart McKelvey Newsletter – Changes to the federal pay equity scheme expected in 2018

November 17, 2017

Brian Johnston, QC and Julia Parent In response to the report of the House of Commons committee on pay equity, the federal Liberal government announced its intention to bring in legislation to better ensure that…

Read More

Client Update: New Brunswick proposes Pooled Registered Pension Plan legislation

November 17, 2017

Paul Smith and Dante Manna On November 14, 2017, Bill 22, also known as the proposed Pooled Registered Pension Plan Act (the “NB Act”), was introduced in the New Brunswick Legislature. If passed, New Brunswick…

Read More

Client Update: TSX Company Manual amendments will result in a “modest increase” to listed issuer’s disclosure practices

November 16, 2017

Andrew Burke and Kevin Landry The Toronto Stock Exchange (“TSX”) has made two recent changes to the TSX Company Manual that will impact disclosure: A. It introduced a requirement for many corporate listed issuers to…

Read More

Statutory interpretation & social justice

November 14, 2017

Jennifer Taylor There is a role for social justice in statutory interpretation, according to the Nova Scotia Court of Appeal in the recent decision of Sparks v Nova Scotia (Assistance Appeal Board). This case is…

Read More

Client Update: New Brunswick introduces Cannabis Control Act

November 14, 2017

Kevin Landry and Jamie Watson New Brunswick’s proposed cannabis regulatory scheme has been introduced. An initial press release was followed by the introduction of amendments to the New Brunswick Liquor Control Act, and the Motor…

Read More

Pensions & Employee Benefits Update: Nova Scotia pension funding framework & regulatory review

October 24, 2017

Peter McLellan, QC & Level Chan In September 2017, Nova Scotia’s Department of Finance and Treasury Board announced that stakeholder input is being sought regarding potential permanent changes to the funding framework for defined benefit…

Read More

Client Update: Cryptocurrencies: securities law implications

September 28, 2017

Andrew Burke & Divya Subramanian Securities markets around the world are grappling with new concerns: As fintechs make cryptocurrency offerings such as Initial Coin Offerings (ICOs), Initial Token Offerings (ITOs) or other digital token offerings,…

Read More

New legal publication: Discovery: Atlantic Education & the Law

September 22, 2017

Stewart McKelvey is pleased to announce the creation of Discovery: Atlantic Education and the Law, a publication specifically designed for universities and colleges. We know it is not always easy for institutions in Atlantic Canada…

Read More

Client Update: New Brunswick’s final cannabis report: government operated stores, guidance on growing at home

September 6, 2017

Rick Dunlop and Kevin Landry New Brunswick’s Final Report of the Select Committee on Cannabis was released September 1, 2017. The Committee was appointed by the Legislature of New Brunswick and was mandated to conduct…

Read More

Search Archive


Scroll To Top