With Canadians heading to the polls, it’s important for both employers and employees to understand their rights and obligations under the Canada Elections Act. Whether you’re casting your ballot on election day or taking advantage of advance voting, here’s what you need to know.
Key Dates in the Federal Election
Mark your calendars with these important dates for the 2025 federal election:
- Advance voting days: April 18, 19, 20, and 21, 2025.
- Mail-in ballots: Must be received by April 28, 2025.
- Election Day: April 28, 2025 – polls are open for 12 hours, with times varying by region.
Employer Obligations
The Canada Elections Act outlines clear responsibilities for employers to ensure its employees have the time they need to vote. The key requirement? Every eligible employee must have three consecutive hours during polling hours on election day to cast their ballot. Here’s how it works:
- Election Day Requirement: On April 28, 2025, employers must ensure employees have a three-hour window to vote while polls are open. If an employee’s regular shift already provides this window (e.g. their shift ends at 4 p.m. and polls open until 7 p.m), no additional time off is required. However, if the work schedule conflicts with polling hours, the employer must either adjust the employee’s hours or provide them with time off to vote during working hours.
- Advance Voting: Unlike some provincial laws, the Canada Elections Act does not require time off for advance voting. The three-hour entitlement only applies to election day. Employees voting early must do so on their own time, unless their employer voluntarily offers flexibility.
- Transportation Exception: Employees working for companies that transport goods or passengers by land, air, or water, and who are employed outside their polling division are exempt from this entitlement if providing time off would interfere with the service. However, workplace policies or collective agreements might offer additional rights, so employers should double-check or legal seek advice.
Employers may choose when this time off occurs during the workday, based on operational needs. For example, they might allow an employee to start late, leave early, or take a block of time mid-shift, as long as the three-hour requirement is met.
Importantly, employees must not face any pay deductions or penalties for taking this time. Whether hourly, salaried, or commissioned, employees must be compensated as if they worked their full shift.
Who is an Eligible Voter?
An eligible voter in the federal election is:
- A Canadian citizen;
- At least 18 years old on April 28, 2025; and
- Registered to vote (or able to register at the polls).
Ensuring Compliance
Failing to provide the required time off or deducting pay for voting time are strict liability offences under the Canada Elections Act, meaning no intent is required. Employers found guilty of doing so may be on the hook for significant penalties and a public denunciation.
To stay compliant, employers should plan ahead by reviewing schedules and coordinating with employees. For example, staggering time off or adjusting shift times can maintain operations while meeting legal obligations.
Avoiding Human Rights Claims
Employers should also use caution about political discussions in the workplace. In some provinces, such as British Columbia, “political belief” is a protected ground under human rights legislation. If an employee is treated differently due to their political beliefs or inclinations, the employer may face discrimination claims through the Human Rights Tribunal.
Instead, employers should aim to foster an inclusive environment where employees feel safe exercising their political beliefs without fear of reprisal.
Practical Tips for Employers and Employees
- Employers: Check polling hours in your region (available on Elections Canada) and assess employee schedules in advance. Communicate voting rights clearly to staff and document any time-off arrangements.
- Employees: If your work hours overlap with polling times, notify your employer early to schedule your three-hour voting window. If you’ve voted in advance or by mail, you are not entitled to additional time off on election day, unless agreed otherwise.
If you have questions about navigating voting rights in the workplace or need tailored advice, please reach out to our team. We’re here to help!
