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Ontario’s provincial election is on Thursday, February 27th.

As election day approaches, it’s important for both employees and employers to understand their rights and obligations when it comes to taking time to vote.

Under the Ontario Elections Act, employees are entitled to three consecutive hours during polling hours to cast their vote. If an employee’s work schedule does not already allow for this, their employer must provide the necessary time off. However, the employer has the right to decide when this time is taken.

For example, if voting hours in your riding are 9:00 a.m. to 9:00 p.m., and you typically work from 11:00 a.m. to 7:00 p.m., your schedule does not provide three consecutive hours to vote. In this case, your employer could:

  • Allow you to start work later (e.g., at 12:00 p.m.)
  • Permit you to leave work earlier (e.g., at 6:00 p.m.)
  • Grant three consecutive hours off at another point in your workday

Voting Hours and Time Off Considerations

Polling hours are as follows:

  • Eastern Time Zone: 9:00 a.m. – 9:00 p.m.
  • Central Time Zone: 8:00 a.m. – 8:00 p.m.

If an employee’s work schedule already provides three consecutive hours outside of working hours to vote, the employer is not required to provide additional time off. For example, if an employee finishes work at 5:00 p.m., they have time to vote before polls close, so no additional time off is necessary.

Exemptions for Transportation Industry Employees

Certain employees in the transportation industry are exempt from the requirement to receive time off for voting. This applies if the employee:

  • Transports goods or passengers by land, air, or water
  • Works outside their polling division
  • Is actively operating a means of transportation
  • Cannot be given three consecutive hours off without disrupting transportation services

If these conditions apply, the employer is not required to provide time off to vote.

With the Ontario provincial election on February 27th, employees should discuss their voting plans with their employer in advance to ensure they can exercise their right to vote without any last-minute issues.

As election day approaches, it’s important for both employees and employers to understand their rights and obligations when it comes to taking time to vote.

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2021 Nelligan O’Brien Payne LLP.

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