As elections loom, the question of time off for voting often arises in workplaces. Employers may be uncertain about their obligations and entitlements under the law. In Canada, both employers and employees have clear rights and responsibilities when it comes to ensuring that eligible employees have the opportunity to vote. These requirements are set out in the provincial or federal legislation corresponding to the government holding the election. 

To help clarify the requirements, this article provides a comprehensive understanding of the rules governing time off for voting in federal elections and in Saskatchewan provincial elections.

What does the law require?

Canadian federal elections

Concerning federal elections for Members of Parliament, the Canada Elections Act provides that all employees who are Canadian citizens and 18 years of age or older are entitled to have three consecutive hours off on Election Day to vote. Voting hours in the Eastern time zone are from 9:30 a.m. to 9:30 p.m. However, if polling day falls during a period when the rest of the country is observing daylight saving time, Saskatchewan’s voting hours are adjusted to 7:30 a.m. to 7:30 p.m. Central time.

The requirement for three consecutive hours to vote does not apply in the following situations:

  1. If the employer is a company engaged in the transportation of goods or passengers by land, air, or water;
  2. If the employee is employed outside their polling division;
  3. If the employee is involved in the operation of a means of transportation; and
  4. If allowing time off for voting would interfere with the transportation service.

Any electors affected by this provision can vote at the advance polls. These exceptions exist to ensure that essential services remain uninterrupted and that employees who may not have convenient access to their polling divisions can still fulfill their voting responsibilities.

Saskatchewan provincial elections

For the election of Members of Saskatchewan’s Legislative Assembly, The Election Act, 1996 provides all employees eligible to vote in Saskatchewan with three consecutive hours of free time during polling hours to vote. Employers are responsible for ensuring their employees receive this time off if their work schedule does not already provide for it. In Saskatchewan, polling places are open from 9:00 a.m. to 8:00 p.m. on election day.

Employees are entitled to take this time off without any deductions from their pay or penalties. This means that employees cannot be financially penalized for taking time to vote, and employers cannot impose disciplinary action for exercising this right. However, it is important to note that in Saskatchewan, employees are not entitled to time off to vote in municipal elections.

When is time off for voting required?

Under both the Canada Elections Act and The Election Act, 1996, employees are entitled to time off to vote only if their regular work schedule does not already provide them with three consecutive hours of free time during polling hours. If an employee’s shift allows for three consecutive hours to vote, no additional time off is required. For example:

  • If the polls are open from 8:00 a.m. to 7:00 p.m., and the employee’s shift is from 9:00 a.m. to 5:00 p.m., the employee does not have three consecutive hours free to vote. In this case, the employer must adjust the employee’s schedule either by allowing the employee to come in at 11:00 a.m., leave at 4:00 p.m., or take a three-hour break during their shift.
  • On the other hand, if the polls are open from 8:00 a.m. to 7:00 p.m., and the employee works from 9:00 a.m. to 4:00 p.m., they already have three-hours free after their shift, consequently, no additional time off is required.

As long as the requirement of three consecutive hours is met, the law provides flexibility in how time off for voting is granted. Employers have the discretion to determine when to provide this time off, which could include adjusting the start or end time of an employee’s shift to ensure they have adequate time to vote.

Conclusion

Election day is important for all citizens, and the Canada Elections Act and The Election Act, 1996 ensure that employees have the opportunity to participate in the democratic process without sacrificing their income or facing penalties at work. By understanding and fulfilling their obligations, employers can ensure compliance with the law, maintain a fair and respectful workplace, and support employees in exercising their right to vote.

It is important to note that each province has its own provisions regarding time off for voting. If you have any questions about the legal requirements for time off for voting or any other labour and employment issue, in Saskatchewan, or any other provincial jurisdiction, please reach out to a member of Miller Thomson’s Labour and Employment  Group. You can also subscribe to our newsletter for ongoing updates on labour and employment matters.