The next federal election will take place on Monday, April 28, 2025. Employers should review their obligations to provide employees with time off to vote, which are slightly different than the rules governing provincial elections.
Time Off to Vote
Employees who are eligible to vote are entitled to three (3) consecutive hours to vote on election day pursuant to the Canada Elections Act.
Voting hours on election day vary by time zone and location as follows:
- 7:00 am – 7:00 pm PST
- 7:30 am – 7:30 pm MST
- 9:30 am – 9:30 pm EST
- 8:30 am – 8:30 pm NST, AST, and CST and
- 7:30 am – 7:30 pm in Saskatchewan.
If an employee’s work hours do not already allow for three consecutive hours off during voting hours, employers must provide them with paid time off to allow for three consecutive hours. Employers have the right to determine when this time off will be scheduled during the work day.
For example, if an employee in Vancouver works from 9:00 am to 5:00 pm, the employer could provide the employee with an hour off at either 9:00 am or 4:00 pm. However, an employee who works from 8:00 am to 4:00 pm would not be entitled to any time off because they would have three consecutive hours to vote from 4:00 pm to 7:00 pm.
Employers are not required to provide time off for advance voting. Although employers can communicate to employees the option to vote in advance polls, this does not relieve employers of the requirement to provide paid time off on election day.
Exception
There is a limited exception to the obligation to provide paid time off in the transportation sector if the employer can establish the following four factors:
- the employer is a company that transports goods or passengers by land, air, or water
- the employee is employed outside of their polling division
- the employee is employed in the operation of a means of transportation and
- the time off cannot be allowed without interfering with the transportation service.
Penalties
The Canada Elections Act also provides for penalties for non-compliance with these requirements. It is an offence under the Act for employers to fail to allow time off to vote or to deduct wages or penalize an employee for time taken off to vote. Employers are also prohibited from exerting intimidation, undue influence, or otherwise interfering with granting an employee their time off to vote.
Failure to comply with these requirements could result in a fine of up to $2,000, imprisonment for up to three months, or both.
If you have any questions regarding employer obligations on election day, please contact your Harris lawyer.
