What are the penalties for employers failing to accommodate workers' right to vote?
With the federal election just a week away, employers should ensure they provide the necessary accommodations to support workers in exercising their right to vote, according to Elections Canada.
“By law, everyone who is eligible to vote must have three consecutive hours to cast their vote on election day,” said the non-partisan agency.
If an employee’s scheduled workday does not allow for this, the employer must adjust the hours accordingly, without any loss of pay.
For example, if a worker lives in a riding where voting hours are from 9:30 a.m. to 9:30 p.m., and their usual shift is from 11 a.m. to 7 p.m., the employer could allow the worker to:
The employer retains the right to determine when the time off is taken, noted Elections Canada.
For employers in the transportation industry, the obligation to provide three consecutive hours off to vote does not apply if these four conditions are met:
“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,” said Giovanna Di Sauro, counsel with the DLA Piper law firm.
“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.”
While the Canada Elections Act mandates time off for federal elections, each province and territory has specific regulations for their respective elections.
Employers cannot penalize an employee or make a deduction on their pay for taking time off to vote, as required by the Canada Elections Act. An employee must be paid what he or she would have earned during the time allowed off for voting.
“It is an offence for employers to fail to provide time off for voting as required under the Canada Elections Act. It is also an offence for an employer to reduce an employee's pay when the employee has been provided time off to vote in accordance with the Act,” said Elections Canada.
“The maximum penalty for violating these prohibitions is a fine of up to $2,000, three months' imprisonment, or both.”
With the federal election in Canada on April 28, the three political parties in the country have previously detailed how they plan to support workers amid the issue of the US tariffs.
Concerns over tariffs have dragged down the economic confidence of chief executive officers in the first quarter of 2025, according to a previous report from Vistage.
