Time off to vote in Canada
As election day approaches, employers and employees in Canada need to understand their rights and responsibilities regarding voting leave. Voting is a fundamental right, and Canadian laws ensure that every eligible voter has the opportunity to cast their ballot without unnecessary barriers. For employers, this involves balancing legal obligations to provide time off for voting with maintaining workplace productivity. In this blogpost, we address key questions about voting leave to help your organization stay informed, compliant, and prepared.
Are employees allowed time off work to vote in Canada?
Yes, all eligible voters in Canada are entitled to three consecutive hours off work to cast their ballot. By law, employers must provide employees with this time off to vote during polling hours. If your organization’s work schedule already provides this, there’s no requirement to adjust schedules or provide the time off.
For example:
- If polls are open from 9:00 a.m. to 9:00 p.m. and your employees work from 9:00 a.m. to 5:00 p.m., they already have more than three consecutive hours (from 5:00 p.m. to 9:00 p.m.) to vote.
- If your employees work from 11:00 a.m. to 7:00 p.m., they won’t have a three-hour block of free time to vote. In this case, you must allow employees with this work schedule to start later, finish earlier, or take time off during their shift to ensure you meet the three-hour voting requirement.
Is this rule applicable to all elections?
Yes, this rule applies to federal, provincial, and territorial elections. However, polling hours and the required time off for voting can vary between provinces. To remain compliant, it’s important to review the specific voting laws in the provinces or territories where your organization operates.
For example:
- Ontario requires three consecutive hours during polling hours.
- British Columbia requires four hours of time off for voting.
Are all employers required to give time off work to vote?
All employers are legally required to comply with voting leave laws, but there are specific exceptions for certain roles in the transportation industry. Employers in this sector may not be obligated to provide voting leave if the following conditions are met:
- The business involves transporting goods or passengers by land, air, or water.
- The employee works outside their designated polling division.
- The employee is directly responsible for operating a mode of transportation.
- Granting time off for voting would interfere with the transportation services.
If these conditions apply to your workplace, it’s wise to consult legal counsel to ensure full compliance with relevant legislation. For industries outside transportation, employers must provide sufficient time for employees to cast their vote.
Who decides when employees may take time off to vote?
Ultimately, the employer decides when employees can take their voting leave, as long as it complies with legal requirements. This approach gives employers the flexibility to manage schedules and minimize workplace disruptions, ensuring that operations continue smoothly while employees still have the opportunity to vote. By addressing these points carefully, employers and employees can work together constructively, fulfilling their responsibilities and reducing potential disruptions.
In Canada, voters have several convenient ways to cast their ballot, including advance polls, early voting at Elections Canada offices, and voting by mail. Organizations can actively support their employees’ right to vote by informing them about these options ahead of elections. It’s important to note, however, that each voting method has its own deadlines. To ensure employees have the details they need, direct them to the Elections Canada Ways to Vote webpage.
Is there a penalty for employers who do not give employees time off to vote?
Absolutely. Employers who fail to comply with voting leave laws can face serious penalties. It’s an offence under the Canada Elections Act to deny the three consecutive hours for voting, or to reduce an employee’s compensation for the time taken.
Penalties can include:
- Fines of up to $2,000.
- Imprisonment for up to three months.
- Or both fines and imprisonment.
Stay compliant and support your employees
Understanding your responsibilities around voting leave isn’t just about compliance; it’s about showing your team that their rights and civic responsibilities matter. When you encourage and support participation in the democratic process, you foster a workplace culture built on equality and fairness.
Navigate voting leave with trusted HR support from our experts
Navigating protected leave policies and understanding complex legislation can be challenging. If you’re unsure how to implement voting leave policies or have other HR concerns, our experts are here to help. Learn more about our services below:
- Live HR advice from industry experts: Connect with our HR and health and safety experts for personalized support when you need it.
- User-friendly employee management software: Manage time-off requests, assign training, manage performance, track results and more, all at your fingertips with our secure human resource information system, Atlas.