A federal election will be held on Monday, October 19, 2015. As a service to our clients, we are publishing this bulletin on the obligations which employers owe their employees on election day.
Employers must provide their employees:
Three consecutive hours off work
- Eligible voters are entitled to three consecutive hours off work while polls are open for the purpose of casting their ballot.
- All Canadian citizens who are at least 18 years of age on election day are eligible to vote.
Without loss of pay
- Employers may not make any deduction from an employee's pay because the employee took time off work to vote.
At a time scheduled by the employer
- Employers can choose when to provide the three consecutive hours for voting. The legislation allows employers to schedule time off work at the convenience of the employer.
When are polling stations open on election day?
- In the Newfoundland time zone, polling stations are open from 8:30 a.m. to 8:30 p.m.
- In the Atlantic time zone, polling stations are open from 8:30 a.m. to 8:30 p.m.
- In the Eastern time zone, polling stations are open from 9:30 a.m. to 9:30 p.m.
- In the Central time zone, polling stations are open from 8:30 a.m. to 8:30 p.m.
- In the Mountain time zone (including Saskatchewan), polling stations are open from 7:30 a.m. to 7:30 p.m.
- In the Pacific time zone, polling stations are open from 7:00 a.m. to 7:00 p.m.
Penalties for non-compliance
The consequences of failing to comply with the legislation can be significant. An employer who fails to provide its employees with three consecutive hours off work to vote or who deducts wages because of time off to vote may face a fine of up to $2,000. An employer who uses intimidation, undue influence or any other means to interfere with an employee's right to take time off to vote may face a fine of up to $50,000. In both instances, there is also the possibility, albeit unlikely, of jail time.
Collective agreement obligations
If you operate in a unionized environment, it is advisable to review any provision of your collective agreement which speaks to your obligations on election day as you may have obligations in addition to those under the legislation. For example, we are aware of at least one collective agreement which provides employees with four consecutive hours free from work to vote.
Transportation companies
The right to have three consecutive hours free from work on election day, without any loss of pay, is not a right available to all employees. An employee of a company which transports goods or passengers by land, air or water who is employed outside his or her polling division in the operation of a means of transportation is not entitled to time off to vote if this cannot be accomplished without interfering with the transportation service.
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.
