Canada’s 2025 federal election: Employer obligations regarding time off to vote

Canada’s 45^th federal general election will be held on Monday, April 28, 2025. Federal elections are governed by the Canada Elections Act. The Canada Elections Act ensures that all eligible voters have the opportunity to participate in federal elections. This includes specific provisions that protect employee rights to vote and outline employer duties to facilitate this process.

Time for voting

Under the Canada Elections Act, employers have a legal obligation to ensure that their employees have the necessary time to vote during federal elections in Canada, keeping in mind that voting hours vary across the country. The key responsibilities of employers are as follows:

• Employers must allow employees to have three consecutive hours available for voting during voting hours on polling day. If the employee's work schedule does not permit this, the employer must allow for the provision of the required time for voting. Please note that voting hours vary across Canada. Elections Canada has recently posted updated voting hours information for various locations across Canada, which can be viewed here.


• Time for voting can be provided at the convenience of the employer, such that the employer can decide when to allow time for voting, as long as it is during polling hours on polling day. For example, if the employee works in a province where the polling hours are 8:30 a.m.–8:30 p.m., and the employee’s workday ends before 5:30 pm, that employee would already have three consecutive hours to vote, and the employer’s obligation would be fulfilled. However, if that is not the case, such as where the employee works 8:30 am – 8:30 pm or 9:30 am to 6:30 pm, the employer would be required to make scheduling adjustments to allow the employee to have three consecutive hours available for voting based on local polling hours.


• When making changes to scheduling arrangements to provide an employee with time to vote, employers should be mindful of the relevant employment and labour standards requirements, as well as any greater entitlements that may be provided through workplace policies or collective agreements.

Transportation exception

The provisions for time to vote do not apply to employees of companies that transport goods or passengers by land, air or water, and who are employed outside their polling division in the operation of a means of transportation, if the additional time cannot be allowed without interfering with the transportation service. That said, employers should be mindful of any greater entitlements that may be provided through workplace policies or collective agreements, and that may result in an employer not being able to avail itself of this exception.

Penalties

The Canada Elections Act imposes penalties for employers that fail to comply with the provisions related to employee voting rights.

Employers could be found guilty of an offence if they fail to allow time to vote or if they make deductions from employees' wages for time given to vote. Conviction for these offences could result in liability on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.

Employers that interfere with an employee's right to have three consecutive hours to vote through intimidation, undue influence, or any other means, could also be found guilty of an offence and, if convicted, could be liable on summary conviction, to a fine of not more than $20,000 or to imprisonment for a term of not more than one year, or to both; or , on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than five years, or to both.

If you have any questions about employee voting rights and employer obligations in respect of the upcoming Canadian federal election, do not hesitate to contact Giovanna Di Sauro or another lawyer in our Employment and Labour Law Group.