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Voting Time: Employers’ Obligations on Election Day

Ontario municipal elections have been called for October 25, 2010. Employers should be aware that, under the Municipal Elections Act, 1996, they must provide employees time off to vote at the election.

THREE CONSECUTIVE HOURS TO VOTE

All employees who are Canadian citizens, 18 years of age or older, and meet certain municipal residency requirements, or property ownership or tenancy requirements, are entitled to have three consecutive hours during the voting hours on election day to vote. Voting hours are 10:00 a.m. to 8:00 p.m. If an employee’s hours of work do not allow for three consecutive hours off within this period, the employer must give them sufficient time off with pay to meet the requirement of three consecutive hours.

Therefore, for example, if an employee works from 9:00 a.m. to 5:00 p.m., it is not necessary for the employer to give the employee time off, as the employee has three consecutive hours after work in which to vote (5:00 p.m. to 8:00 p.m.). If an employee works from 10:00 a.m. to 6:00 p.m., the employer must provide some time off, but it is not necessary to grant three hours off during the middle of the day. The Act provides that voting time is to be allowed, as much as possible, at the convenience of the employer; therefore, the employer in this case may allow the employee to leave work at 5:00 p.m.

If it is necessary to provide time off, there must be no deductions from the employee’s pay, and they must not be penalized. This also applies to employees paid on a piece-work basis: such employees must be paid for a full day’s work as if they had not been given time off to vote.

For further information, please contact Jonquille Pak at (613) 940-2760.