Employer Obligations During Elections – British Columbia, New Brunswick & Saskatchewan

As provincial elections approach it is important that employers understand their obligations and their employee’s provincial election voting rights during this season. Provincial elections have been called for the election of legislative members in three Canadian provinces:  

• British Columbia: Election day scheduled for October 19, 2024 
• New Brunswick: Voters will head to the polls on October 21, 2024 
• Saskatchewan: Election day is scheduled for October 28, 2024. 

This blog will provide a brief overview of employer obligations to employees during advanced voting and on election day in these jurisdictions. 

British Columbia 

What are the employer responsibilities for employee time off during provincial elections in BC? 

In British Columbia (BC), an eligible voter is a Canadian citizen who will be at least 18 years of age on the final election day and has been a resident of BC for at least six (6) months. 

Time off for voting in BC elections 

All employees in BC who are eligible voters are entitled to up to four consecutive hours off work to vote on election day for the purpose of casting their ballot. If an employee’s schedule on election day does not allow them to have four consecutive hours off work during polling hours, they can vote in advance voting. Note, it is the employee’s choice whether or not they choose to vote in advance voting. 

Can employers penalize employees for taking time off to vote in provincial elections in BC? 

Employers who refuse to provide time off may face liability for an offence under the Election Act. If convicted, employers can be fined of up to $10,000 or imprisonment for up to a year, or both. 

Employees are not entitled to the full four consecutive hours free from work, just the amount of time off they need to cast their ballot.  

Employers are required to provide employees with paid time off to cast their ballot either on election day or on advanced voting. In turn, employers are prohibited from deducting wages from employees for the time they were absent from work to cast their ballot.  

Saskatchewan 

What are the rules for employers regarding voting hours during provincial elections in Saskatchewan? 

In Saskatchewan (SK), an eligible voter is a Canadian citizen who will be at least 18 years of age on the final election day and has been a resident of SK for at least six months. 

Election laws for employees in Saskatchewan

All employees in Saskatchewan who are eligible voters are entitled to up to three consecutive hours off work to cast their ballots on the last day of election week (October 28, 2024). For this reason, an employee who wishes to cast their ballot in advanced voting is not entitled to time off from work.  

In Saskatchewan, employers who refuse to give time off to employees to cast their ballot on the last day of election week may be found responsible for an offence under the Saskatchewan Elections Act. Employers could be liable for a fine of up to $10,000, or imprisonment for a year, or both. 

Even though employers have discretion over when to schedule an employee’s time off to vote on election day, employers cannot require their employees to use their lunch breaks or already scheduled breaks as part of their three consecutive hours off to vote. This period must be provided in addition to regular breaks. 

Employers are prohibited from deducting wages from employees for the time they were absent from work to cast their ballot. Thus, employees are entitled to paid time off to vote on election day. 

New Brunswick 

What are the employer responsibilities for employee time off during provincial elections in  New Brunswick? 

In New Brunswick (NB), an eligible voter is a Canadian citizen who will be at least 18 years of age on Election Day and has been a resident in the province for at least 40 days before the election.  

How much time must employers provide for voting during provincial elections in New Brunswick? 

All employees in New Brunswick who are eligible to vote are entitled to up to three consecutive hours of paid time off work while the polls are open (between 10am and 8pm) on Election Day (October 21, 2024). If an employee’s work schedule does not allow for this, the employer must provide sufficient time off to ensure the employee has three consecutive hours to vote. 

Employers in New Brunswick have the discretion to schedule the time off for employees to vote, as long as it ensures that the employee has three consecutive hours off to cast their ballot while polls are open. This means that if an employee’s shift starts after 10am or ends before 8pm, the employer only needs to provide enough time off for them to vote, which could be less than three hours.  

Employers who refuse to grant time off for voting or who interfere with an employee’s right to vote could be found guilty of an offense. This can result in fines of up to $10,000, imprisonment for up to one year, or both. 

Employers are prohibited from making any deductions from an employee’s wages or imposing any penalties because of their absence from work to vote. Violating this can lead to a contravention under the Employment Standards Act which could result in an inspection and fines for the employer.  

Do you have questions about employee voter rights and your obligations as an employer? 

Infringement on your employee’s legal voter rights could lead to thousands of dollars in fines, imprisonment, or both. Our HR and legal experts can help you understand your employee’s entitlements for elections. Our certified advisors can also help you develop other company policies, and provide advice on any HR issues you may have. We also provide expert health and safety advice to keep you compliant and help protect your business from fines. Contact us today 1 (833) 247-3652 to learn more.