As Canadians gear up to cast their ballots in the upcoming federal general election on Monday, April 28, 2025, it is important for employers across Canada to understand their legal obligations to employees when it comes giving them time off to vote.
What are an employer’s obligations on Election Day?
The Canada Elections Act mandates that employers provide employees who are eligible voters with three consecutive hours off work during polling hours to allow them to vote, without the risk of losing pay. All Canadian citizens 18 years or older on election day are entitled to vote. This means if an employee would not otherwise have three consecutive hours (during polling hours) on election day to vote, their employer must provide them with enough time off work, with pay, to give them three consecutive hours. Employers are free to choose when to schedule this time off, so as to minimize disruption to their operations.
When are polling stations open on Election Day?
The polling hours across Canada vary depending on the region/time zone. Here’s a breakdown:
- Newfoundland Time Zone: 8:30 a.m. to 8:30 p.m.
- Atlantic Time Zone: 8:30 a.m. to 8:30 p.m.
- Eastern Time Zone: 9:30 a.m. to 9:30 p.m.
- *Central Time Zone: 8:30 a.m. to 8:30 p.m.
- *Mountain Time Zone: 7:30 a.m. to 7:30 p.m.
- Pacific Time Zone: 7 a.m. to 7 p.m.
*Note: In Saskatchewan, voting hours will be from 7:30 a.m. to 7:30 p.m.
Visit Elections Canada for more information on voting hours across the country.
Example scenario: How does this work in practice?
If Sarah works from 9 a.m. to 5 p.m. and polls are open from 9:30 a.m. to 9:30 p.m. in her polling area, her employer does not have to give her any time off work, as she already has more than three consecutive hours free from work (between 5 p.m. to 9:30 p.m.).
However, if Mark works from 11 a.m. to 7 p.m. and his polling area is also open from 9:30 a.m. to 9:30 p.m., Mark’s employer must provide him with three consecutive hours off during polling hours to vote as he only has 1.5 consecutive hours free from work when the polls are open to vote.
To comply with the Canada Elections Act, Mark’s employer could have Mark leave work earlier at 6:30 p.m., start work later at 12:30 p.m., or allow Mark to take three consecutive hours off during his 11 a.m. to 7 p.m. workday.
Consequences of non-compliance
Employers must take these obligations seriously. Failing to provide employees with three consecutive hours off to vote or making deductions from their pay for time off can lead to fines of up to $2,000, imprisonment for up to three months, or both.
Moreover, employers must refrain from any actions that could be perceived as interfering with an employee’s right to vote, such as intimidation or undue influence. Employers may be liable to fines of up to $50,000, imprisonment for up to five years, or both.
Special considerations
Employers in the transportation industry (including land, air, or water transport) should note that the right to time off for voting is not always guaranteed. If an employee is working outside their polling division and cannot be given time off without disrupting the transportation service, they may not be entitled to three consecutive hours off to vote. However, employers should consider any additional entitlements provided through workplace policies or collective agreements (if applicable), as these may prevent them from relying on this exception.
For employers in unionized environments, it’s important to review any collective agreements in place as some agreements may offer additional rights beyond those stipulated by the Canada Elections Act. Employers should ensure that they are not only complying with the legislation but also with any contractual obligations outlined in collective agreements.
If you have any questions about employer’s obligations on election day, or any other employment or labour law matter, please reach out to any member of Siskinds’ Labour and Employment Group.