MLT Alert! Employer Obligations on Election Day

On May 2, 2011 Canada goes to the polls. Employers have certain obligations under the Canada Elections Act they need to be aware of.

Three Consecutive Hours to Vote

All employees who are Canadian citizens, 18 years of age or older, are entitled to have three (3) consecutive hours while polls are open on election day during which to vote. Since the law does not require that employees must request time off to vote, employers are encouraged to proactively address their employees’ right to vote for May 2, 2011.

In Saskatchewan and Alberta, polls are open from 7:30 a.m. to 7:30 p.m. Time off with pay must be provided to the extent necessary to allow three (3) consecutive hours for voting. The Canada Elections Act prohibits an employer from deducting or reducing pay or imposing any penalty for time off to vote as required by the Act.

Paid Time Off Not Required

An employer is not required to provide paid time off if an employee has three (3) consecutive hours free from work within voting hours. For example, in Saskatchewan and Alberta, an employee who completes work at 4:30 p.m. will have three (3) consecutive hours for voting and therefore is not entitled to time off. If, however, an employee works from 8:30 a.m. to 5:00 p.m., that employee would be entitled to paid time off to vote (at the employer’s convenience). In this example, to ensure minimal disruption to the employee’s regular work day while at the same time complying with the law, the employer could allow the employee to leave work a half hour early, at 4:30 p.m.

It is also important to note that the Canada Elections Act does not require an employer to make allowance for the employee’s “travel time” to vote.

Exception for Transportation Employees

For employers in the transportation industry, the obligation to provide sufficient time so that employees have three (3) consecutive hours to vote does not apply if the following four circumstances exist: (i) the employer is a company that transports goods or passengers by land, air or water; (ii) the employee is employed in the operation of a means of transportation; (iii) the employee is outside his or her polling division; and (iv) the time off cannot be allowed without interfering with the transportation service.

This Alert! is intended for general information only. Please feel free to contact us for additional information on this or any other issue:

  • Brian Kenny, Q.C. | Regina | (306) 347-8421 | bkenny@mlt.com
  • Kevin Wilson, Q.C. | Saskatoon | (306) 975-7103 | kwilson@mlt.com
  • Jean Torrens | Calgary | 403.693.4342 | jtorrens@mlt.com
  • Walter Pavlic, Q.C. | Edmonton | 780.969.3508 | wpavlic@mlt.com