With the 2025 federal election fast approaching, Canadians will head to the polls on April 28, 2025. At TZ Law, we believe it’s critical for both employers and employees to understand their rights and obligations under the Canada Elections Act. Whether you’re voting on Election Day or taking advantage of advance polling, here’s your guide to navigating voting rights in the workplace.
Key Dates for the 2025 Federal Election
To ensure you’re prepared, mark these important dates on your calendar:
- 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 (times vary by region)
Knowing these dates helps employers and employees plan ahead to meet their obligations under the Canada Elections Act.
Employer Obligations Under the Canada Elections Act
The Canada Elections Act outlines specific responsibilities for employers to ensure employees can exercise their democratic right to vote. Here’s what employers need to know:
Election Day: The Three-Hour Rule
On April 28, 2025, every eligible employee must have three consecutive hours during polling hours to cast their ballot. Polling hours vary by time zone (see table below). If an employee’s regular shift already provides this window—say, ending at 4:00 p.m. with polls open until 7:00 p.m.—no additional time off is required. However, if the schedule conflicts with polling hours, employers must:
- Adjust the employee’s hours or
- Provide paid time off during the workday to ensure the three-hour window is met.
Employers can decide when this time off occurs (e.g., start late, leave early, or mid-shift break), based on operational needs. Crucially, no pay deductions or penalties are allowed—employees must be compensated as if they worked their full shift, whether hourly, salaried, or commissioned.
Advance Voting: No Mandatory Time Off
Unlike some provincial laws, the Canada Elections Act does not mandate time off for advance voting (April 18-21, 2025). Employees opting for early voting must do so on their own time unless their employer voluntarily offers flexibility.
Transportation Exception
Employees working for transportation companies (land, air, or water) outside their polling division are exempt from the three-hour rule if granting time off would disrupt service. However, workplace policies or collective agreements might provide additional rights.
Penalties for Non-Compliance
Failing to provide the required time off or deducting pay is a strict liability offence under the Canada Elections Act. Penalties include fines up to $2,000, imprisonment for up to three months, or both. Interfering with voting rights through intimidation or undue influence carries steeper consequences: fines up to $50,000, imprisonment for up to five years, or both.
Voting Hours by Time Zone
| Time Zone | Voting Times |
|---|---|
| Newfoundland | 8:30 a.m. – 8:30 p.m. |
| Atlantic | 8:30 a.m. – 8:30 p.m. |
| Eastern | 9:30 a.m. – 9:30 p.m. |
| Central | 8:30 a.m. – 8:30 p.m. |
| Mountain | 7:30 a.m. – 7:30 p.m. |
| Pacific | 7:00 a.m. – 7:00 p.m. |
| Saskatchewan | 7:30 a.m. – 7:30 p.m. |
Check your local polling hours on the Elections Canada website, as they may vary slightly.
Avoiding Human Rights Claims
Beyond the Canada Elections Act, employers must consider provincial human rights laws. In British Columbia, political belief is a protected ground under the human rights legislations. Discriminating against an employee for their political views—or pressuring them to vote a certain way—could lead to a Human Rights Violations.
Practical Tips for Employers and Employees
For Employers:
- Review Schedules: Check polling hours in your region and assess employee shifts ahead of April 28, 2025.
- Communicate Clearly and Document Arrangements: Inform staff of their voting rights under the Canada Elections Act. Employees may waive their right to time off for voting; in such cases, ensure you preserve a record confirming that the waiver was voluntary.
- Plan Time Off: Stagger breaks or adjust shifts to maintain operations while staying compliant.
- Exemption: If you believe your industry might qualify for an exemption, consult an employment lawyer for confirmation.
For Employees:
- Check Your Hours: If your shift overlaps with polling times, notify your employer early to secure your three-hour window.
- Advance Voting: If you vote early or by mail, you’re not entitled to time off on Election Day unless agreed otherwise.
- Know Your Rights: Reach out to TZ Law if you face pushback or deductions for voting time.
Why Compliance Matters
The 2025 federal election is set to be a pivotal moment for Canadians amidst the geopolitical uncertainties and the looming trade war, and workplace compliance ensures everyone can participate. At TZ Law, we’re here to help employers navigate their obligations and employees assert their rights. Whether you need advice on scheduling, compliance, or handling disputes, our team is ready to assist. If you would like to discuss further, contact TZ Law today to schedule a consultation.
