Publication
title
Employers' Obligations to their Employees Regarding Voting in Federal Elections
DATE
June 1, 2004
EXPERTISE
As you know, a federal general election will be held on June 28, 2004. The Canada Elections Act[1] gives employees certain rights in this regard which you must respect.
The Act states that "Every employee who is an elector is entitled, during voting hours on polling day, to have three consecutive hours for the purpose of casting his or her vote."[2] Consequently, if your employees' hours of work do not allow for three consecutive voting hours, you must allow them the time off necessary to meet that requirement.
Polling stations will be open from 9:30 a.m. to 9:30 p.m.[3] Therefore, if your employees are assigned to a work shift starting no earlier than 12:30 p.m. or ending no later than 6:30 p.m. on election day, you have no obligation to give them time off to vote. Otherwise, you will have to arrange to let them off work at a time that is convenient for you[4] so that they have three consecutive hours to vote.
The Act states that employers may not make a deduction from the wages of an employee or impose a penalty on an employee for the time he or she is allowed for voting.[5] Accordingly, if you have to release certain of your employees from work, they should be paid as if they had worked a full shift.
Employers who do not comply with the Act risk severe penalties. For example, an employer who does not allow an employee adequate time off to vote, or who makes a deduction from wages for the time off given, will be liable to one or both of the following penalties:
- a fine of not more than $1000;
- imprisonment for a term of not more than three months.[6]
The Act also states that employers who use intimidation, undue influence or any other means to interfere with the granting of three consecutive hours for voting to an elector in their employ will be liable to one or both of the following penalties:
- a fine of not more than $5000;
- imprisonment for a term of not more than five years.[7]
Thus, you can see that it is of the utmost importance that you comply with the foregoing provisions by ensuring that your employees have a period of three consecutive hours to vote.
The purpose of this document is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of Ogilvy Renault or any member of the Firm on the points of law discussed.
[1]. 2000, c. 9.
[2]. Section 132 (1).
[3]. Section 128 (if the electoral district is in the Eastern time zone).
[4]. Section 132 (2).
[5]. Section 133.
[6]. Section 500 (1).
[7]. Section 500 (5).
Contacts
Jocelyn F. Rancourt
Québec
418.640.5003
jrancourt@ogilvyrenault.com
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Manon M. Savard
Montréal
514.847.4520
msavard@ogilvyrenault.com
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Pierre Pronovost
Montréal
514.847.4485
ppronovost@ogilvyrenault.com
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Jean Houle
Québec
418.640.5036
jhoule@ogilvyrenault.com
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