Canada will hold its election for the 44th Parliament on September 20, 2021. To ensure all eligible Canadians have the opportunity to vote, the Canada Elections Act (the “CEA”) establishes special protections for workers on polling day.
Eligible voters (i.e. Canadian citizens, agreed 18 years or older) must have at least three consecutive hours free of work during voting hours on polling day. Note an exception to this rule applies for certain transportation employees.
For many workers and employers, the three-hour voting rule will have no impact on their regular workday. In Ontario, voting hours on polling day are between 9:30am to 9:30pm. Thus, for an employee who works a typical 9:00am to 5:00pm schedule, no accommodations are necessary to comply with the CEA. Such workers should already have 4.5 hours after their regular shift to vote without any interference from their employer.
Employers whose ordinary operations may be affected by the federal election should give advance consideration as to how they will meet their CEA obligations. Employers are prohibited from penalizing workers for exercising their voting rights on polling day. However, employers can nonetheless direct which hours are to be taken off work by affected employees for voting purposes.
We encourage all eligible Canadians to make their voice heard by casting an election ballot. Please consult with Elections Canada to determine where and when you can vote.
Vey Willetts LLP is an Ottawa-based employment and labour law boutique that provides timely and cost-effective legal advice to help employees and employers resolve workplace issues in the National Capital Region and across Ontario. To speak with an employment lawyer, contact us at: 613-238-4430 or info@vwlawyers.ca.