On Thursday, February 27, 2025, voters in Ontario will cast their ballots in the provincial election. Under the Ontario Elections Act, any Canadian citizen who is a resident in Ontario and at least 18 years old is entitled to three consecutive hours while polls are open to vote.

Required Time Off from Work to Vote

As set out in the Elections Act, voting hours in Ontario are from 9:00 a.m. to 9:00 p.m. (or from 8:00 a.m. to 8:00 p.m. for electoral districts entirely within Central Standard Time). If an employee’s work schedule prevents them from having three consecutive hours to vote, the employer must provide the employee time off from work to ensure the employee has that minimum period to vote. The time off must be granted at a time that works best for the employer, considering operational needs and applicable policies.

Employers with remote workers should note that this obligation applies to all employees, including those working remotely.

No Reduction in Pay

Employers may not deduct or reduce an employee’s pay due to time off for voting and may not otherwise penalize an employee for exercising their right to vote. Employees should receive their full regular wages as if they had worked their usual hours, even if their work schedule is adjusted to allow the necessary three consecutive hours to vote.

For example, if an employee is scheduled to work from 9:00 a.m. to 7:00 p.m. on election day, they would have only two hours free from work before the polls close. To meet the three-hour voting requirement, the employer could allow the employee to leave one hour early at 6:00 p.m., ensuring the employee has three consecutive hours before the polls close at 9:00 p.m. (Eastern Standard Time). However, employers may choose when to provide the three consecutive hours at a time most convenient for them. If it is essential for the business that the employee works until 7:00 p.m., the employer could permit the employee to start work later, such as at 12:00 p.m., to satisfy its legal obligation.

Unionized Employees

Employers of unionized employees should review their collective agreements, as these may contain provisions offering additional time off to vote beyond the three-hour requirement set out in the Elections Act.

Penalties

Employers who fail to provide the required three consecutive hours off work without pay deductions may face a fine of up to $5,000 per violation. If an employer is convicted of knowingly violating this requirement, they could face a fine of up to $25,000 and/or imprisonment for up to two years less a day.

Managing Political Expression in the Workplace

The upcoming provincial election in Ontario, coupled with other political issues such as the potential impact of tariffs on Canadian goods, may lead to increased political discussions in the workplace. Seemingly minor political disagreements can escalate into heated arguments among staff. Employers should consider that while Ontario’s Human Rights Code does not include political expression as a protected ground against discrimination, political expression could still potentially constitute discrimination and/or harassment, depending on its content, delivery, and the context in which it occurs.

For strategies on how to manage political expression in the workplace, read our blog on relevant considerations.

This blog is provided as an information service and summary of workplace legal issues.

This information is not intended as legal advice.