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
In 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 MorePerlene Morrison Prince Edward Island’s municipal legislation is being modernized with the implementation of the Municipal Government Act (the “MGA”). The legislation has now received royal assent and will be proclaimed in force at a future date.…
Read MoreJonathan Coady and Chera-Lee Gomez It’s that time of year – the moment when we look back at the year that was and chart our course for the year ahead. For many councillors, administrators and planning professionals…
Read MorePeter McLellan, QC and Michelle Black In a recent decision, R v McCarthy’s Roofing Limited, Judge Anne Derrick provided some much-needed clarity around what it means to be a “constructor” on a job site. This is critical as…
Read MoreRick Dunlop On December 13, 2016, the Government of Canada released A Framework for the Legalization and Regulation of Cannabis in Canada: The Final Report of the Task Force on Cannabis Legalization and Regulation (“Report”). The Report’s…
Read MoreBrian Johnston, QC Canadian employers are already coping with approximately 75,000 Canadians authorized to use medical marijuana. Health Canada expects that this number will increase to about 450,000 by 2024. Employers know that medical marijuana…
Read MoreJonathan Coady With its decision in Canada Post Corporation v. City of Hamilton,1 the Ontario Court of Appeal has confirmed that the placement of community mailboxes by Canada Post is a matter beyond the reach of municipalities…
Read MoreJennifer Taylor Introduction Thanks to some dirty windows, insurance lawyers have a new go-to Supreme Court case on issues of policy interpretation: Ledcor Construction Ltd v Northbridge Indemnity Insurance Co, 2016 SCC 37. The insurers in Ledcor Construction had…
Read More