Employees may be entitled to time off to vote in Toronto’s mayoral
by-election

On June 26, Toronto will vote for its new mayor in a municipal by-election. Polling stations will be open from 10 a.m. to 8 p.m. on election day. Pursuant to Ontario’s Municipal Elections Act, employees who are eligible voters may be entitled to time off work to vote.

Eligible voters. An eligible voter is any Canadian citizen who is over 18 years of age, is not prohibited from voting under any law, and fulfills the necessary City of Toronto residency requirements.

The three-hour rule. Employees who are eligible voters are entitled to three consecutive hours free from work to vote while polling stations are open. Employers must facilitate this time off, but may schedule the absence to suit their convenience. For example:

• If the employee’s hours of work are 9 a.m. to 5 p.m. the employer is not required to provide any time off because the employee has three consecutive hours free from work to vote between 5 p.m. and 8 p.m.
• If the employee’s hours of work are 10 a.m. to 6 p.m. the employee does not have three consecutive hours free from work to vote. The employer might:
  • Permit the employee to leave work an hour early, allowing the employee three consecutive hours free from work to vote between 5 p.m. and 8 p.m.
  • Permit the employee to start work at 1 p.m., allowing the employee three consecutive hours free from work to vote between 10 a.m. and 1 p.m.
  • Give the employee any other three consecutive hours free from work at any point during the employee’s shift on voting day.

No pay deduction or penalties. Time off for voting must be provided without any deduction to an employee’s pay or any other penalty. In other words, employees must receive the same wages they would have received had they worked their full scheduled hours.

Penalty for non-compliance. Employers who fail to comply with the Municipal Elections Act may face fines of up to $50,000.

The author would like to thank Rose Ghaedi, law student, for her help in preparing this legal update.