As Ontarians gear up to cast their ballots in the municipal elections happening today, October 26, 2026, it is important for employers to understand their legal obligations when it comes to giving employees time off to vote.
What are an employer’s obligations on Election Day?
The Municipal Elections Act, 1996 (the “Act”) governs municipal elections in Ontario and includes specific rules intended to ensure that employees have sufficient time to vote.
Under section 50(1) of the Act, an employee who is entitled to vote must have three consecutive hours during voting hours in which to do so.
This does not mean that every employee is automatically entitled to three hours off work.
Rather, if an employee’s working hours would otherwise prevent them from having three consecutive hours available to vote, the employer must provide them with enough time away from work to give them that three-hour window.
The Act establishes that voting locations will be open from 10:00 a.m. to 8:00 p.m. As a practical matter, many employees working ordinary daytime shifts will not require any time off. The key question is whether the employee already has three consecutive hours free from work during voting hours.
Example scenario: How does this work in practice?
Suppose Sarah works from 9:00 a.m. to 5:00 p.m. Sarah already has three consecutive hours between 5:00 p.m. and 8:00 p.m. in which to vote. Her employer would therefore not need to provide her with additional time off.
Mark, however, works from 11:00 a.m. to 7:00 p.m. with voting being available from 10:00 a.m. to 8:00 p.m., Mark has only one hour available before work and one hour after work. Neither period provides the required three consecutive hours.
In those circumstances, Mark’s employer would have to provide sufficient time away from work to ensure that he has a three-hour consecutive window in which to vote.
That does not necessarily mean giving Mark three hours off in the middle of his shift. For example, his employer could permit him to leave work at 5:00 p.m., giving him the period from 5:00 p.m. to 8:00 p.m. to vote. The employer is entitled to determine when the required time away from work will be provided.
What about pay?
Where an employee is entitled to time away from work to vote under the Act, the employer cannot make a deduction from the employee’s pay or impose a penalty because of that absence.
Employers should therefore be careful not only when scheduling employees on Voting Day, but also when administering payroll afterward.
Consequences of non-compliance
Employers should take these obligations seriously.
An employer that fails to provide an employee with the time off required by the Act, or that makes an improper deduction from an employee’s pay or otherwise penalizes the employee for exercising that right, may be committing an offence under the Act and subject to a fine of up to $50,000.
The bottom line
For most Ontario employers, the rule is relatively simple: employees who are entitled to vote must have three consecutive hours during voting hours in which to cast their ballot.
That does not mean every employee receives three paid hours off work. Where an employee already has a three-hour window outside their scheduled working hours, the employer generally does not need to adjust the employee’s schedule. Where they do not, however, the employer must provide enough time away from work to create that three-hour window.
A quick review of schedules can help employers avoid both last-minute operational issues and potential non-compliance with the Municipal Elections Act, 1996.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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