Worker Voting Rights during the Canadian Federal Election

The 43rd Canadian Federal Election will be held on October 21, 2019. In advance of Election Day, employees and employers should familiarize themselves with the rules governing voting rights for Canadian workers.

The Canada Elections Act provides eligible employees with three consecutive hours during voting hours (which are 9:30am to 9:30pm Eastern Time; 8:30am to 8:30pm Central Time) to go and vote. In order to be considered an “eligible employee”, you must be a Canadian citizen, and be at least 18 years old as of October 21, 2019.

Employee Voting Rules

For many Canadian employees, no time off work will be required for voting purposes on Election Day. For example, you would not be entitled to time off if you are scheduled to work from 9:00am to 5:00pm. In such a case, you would have a three-hour consecutive period available to you after your scheduled shift in which to attend at the polls.

If your shift does not provide for three consecutive hours during voting hours, eligible employees may request time off work from their employers. Keep in mind that any time off work on Election Day will be “at the convenience of the employer”, and as such, your employer may not allow you to select your preferred voting hours. Nevertheless, employers cannot impose any penalty or make any deduction from wages as a result of a worker taking time off to vote.

Employer Considerations

In advance of Election Day, employers that believe their organization may be negatively affected by employee voting should plan ahead to minimize operational disruptions. The Canada Elections Act provides no requirement for advance notice to employers for requested time off work to vote. Accordingly, employers should consider how shifts can best be arranged on October 21st to avoid disruptions prior to receiving requests for leave. Unionized employers should also review any additional obligations provided for in relevant collective agreements as they pertain to worker voting rights.

If you are looking for more information about how, when and where you can vote, visit the Elections Canada website.

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.