Canadian employers are legally required to ensure their workers have sufficient time to cast ballots in today’s federal election, with potential penalties for those who fail to comply.
Under the Canada Elections Act, eligible voters must be provided with three consecutive hours to vote while polls are open. For employers who don’t accommodate this requirement, penalties can include fines up to $2,000, three months’ imprisonment, or both.
“By law, everyone who is eligible to vote must have three consecutive hours to cast their vote on election day,” states Elections Canada. “If your hours of work do not allow for three consecutive hours to vote, your employer must give you time off.”
The obligation applies across all industries with limited exceptions for certain transportation companies.
Workers cannot lose pay for taking time off to vote. Employers must compensate employees for any time provided to fulfill voting obligations under the law.
How the time-off requirement works
The requirement means employers must adjust work schedules if an employee’s normal hours don’t allow for the mandatory three consecutive hours to vote.
For example, in a riding where polls are open from 9:30 a.m. to 9:30 p.m., an employee working from 11 a.m. to 7 p.m. would not have three consecutive hours available for voting. In this case, the employer could allow the employee to arrive at 12:30 p.m., leave early at 6:30 p.m., or provide time off during the workday.
Employers maintain the right to determine when during the workday this time off will be granted, allowing businesses some flexibility in managing staffing needs while complying with electoral requirements.
Transportation industry exception
Transportation companies have a limited exemption under specific circumstances. The obligation to provide three consecutive hours off for voting doesn’t apply when all four of these conditions are met:
- The employer transports goods or passengers by land, air or water
- The employee works outside their polling division
- The employee is involved in operating transportation
- Time off would interfere with transportation service
Penalties for non-compliance
Elections Canada takes enforcement of these provisions seriously. Employers who fail to provide the required time off or who make pay deductions related to voting time can face significant consequences.
“It is an offence for employers to fail to provide time off for voting as required under the Canada Elections Act,” according to Elections Canada. “It is also an offence for an employer to reduce an employee’s pay when the employee has been provided time off to vote.”
