Canadians will go to the polls in a federal election in April. There are a few key things charities need to remember during election time: give employees sufficient time off to vote, do not support or oppose any candidate or political party, and consider whether you need to register with Elections Canada as a third party.

Time off to Vote

To give everyone an opportunity to vote, federal legislation requires that eligible voters have a three-hour window of time off of work in order to cast their vote.

Employers must ensure employees have three consecutive hours free from work to vote. This applies during voting hours on polling day (Canada Elections Act, SC 2000, c 9 s 132).

If an employee’s hours of work don’t give a three-hour window, the employer must give the necessary time off to create a three-hour window.

Employers can choose when the time off is given but cannot deduct pay.

How It Works

Not sure if you need to give your employees time off? Three simple questions will help you figure it out:

1. What are the voting hours in your employee’s riding?
2. What are your employee’s work hours?
3. Do the work hours allow a 3-hour window to vote?

If there is already a 3-hour window, employers don’t have to give extra time off.

If an employee’s work hours do not allow for a 3-hour window, employers must give sufficient time off to create it.

Examples

Penalties & Fines for Non-Compliance

Employers cannot deduct pay or impose any penalty on an employee for time off given to vote.

Employers who fail to provide time off, deduct pay, or impose penalties can be prosecuted. If found guilty of violating s. 132, an employer is liable to a fine of not more than $2,000 or imprisonment for not more than three months, or both (s. 489(1), 500(1)).

Need More Info?

If you need more information about ridings (maps, polling stations), voting hours, and candidate lists, see Elections Canada where all of the official election info can be found.

No Partisan Activity

Charities cannot use any resources for partisan political purposes. That means that no resources can be used for “the direct or indirect support of, or opposition to, any political party or candidate for public office.” Resources is an all-encompassing term. It means financial, human, and physical.

Practically speaking, this means that a charity cannot:

• Endorse candidates or parties
• Tell people to vote for – or not vote for – a candidate or party
• Donate to a candidate or party
• Buy tickets to a candidate or party fundraiser
• Provide staff or board members to canvass door-to-door in their capacity as charity representatives
• Allow staff to volunteer for a candidate or party during paid work hours
• Provide space free of charge or below fair market value to a candidate or party
• Invite only one candidate to speak to the charity’s donors

Charities can still speak about issues relevant to their purposes. Charities can still support or oppose a law, policy or decision of government. Charities can still communicate about the policy positions of candidates and parties. Charities can hold candidates’ debates.

But it must be done without supporting or opposing a candidate or party. What does that look like?

Be Neutral and Focus on Policy Issues Related to Your Charity

Focus on underlying policy issues that further your charitable purposes. Explain that your charity supports policies that (e.g.) affirm the value of religion in Canadian society; don’t say that your charity supports a candidate’s position.

Present information about all candidates and parties in a neutral way; don’t highlight policy positions of candidates and parties with which your charity agrees or disagrees.

Invite all candidates to a debate, giving each person an equal opportunity to speak; don’t invite only one or two candidates.

If a candidate or party takes the same position on an issue as your charity, that doesn’t mean your charity is engaging in prohibited activities. CRA notes that even if a candidate or party adopts your charity’s policy approach, shares your charity’s research or comments on your charity itself, your charity is not engaging in prohibited activities so long as those are independent actions of the candidate or party.

For more information, see CCCC Member Resource page on Lobbying and PPDDA and CRA Guidance CG-027 Public policy dialogue and development activities by charities.

Canada Elections Act and Third-Party Registration

Under the Canada Elections Act, third parties must register with Elections Canada if they (1) conduct regulated activities and (2) spend $500 or more on those activities.

Third Parties

A third party is a person or group that wants to participate in or influence elections other than as a political party, electoral district association, nomination contestant or candidate. Charities can be third parties.

Regulated Activities

Regulated Activities under the Canada Elections Act include:

Pre-Election/Partisan Advertising: Advertising to the public by any means a paid message that promotes or opposes a political party, candidate or party leader other than by taking a position on an issue with which a party or candidate is associated. Charities are prohibited from partisan advertising.

Election Advertising: Advertise to the public by any means a paid message that promotes or opposes a political party or candidate including by taking a position on an issue with which a party or candidate is associated. Charities are prohibited from promoting or opposing parties or candidates but can speak to and take positions on issues.

Partisan Activities: Promote or oppose a party, candidate, party leader other than taking a position on an issue with which a party or candidate is associated. Charities are prohibited from partisan activities.

Surveys: Ask about voting intentions or about an issue with which a party or candidate is associated, the results of which are used to decide whether or not the third party will engage in regulated activities. Charities can conduct surveys.

More About Election Advertising

Election advertising includes taking a position on an issue with which a party or candidate is associated. Association means clear association; advertising that effectively promotes or opposes a party or candidate. The broader the third party’s message the less likely it is to be “clearly associated.”

In terms of cost, social posts with no cost is not election advertising. If you pay to boost the post, that counts toward the $500 or more threshold. A third party’s website is not election advertising, but a radio ad promoting a policy issue is election advertising.

Registration

If a charity finds itself spending $500 or more for election advertising, it must immediately register with the Chief Electoral Officer and comply with various requirements, including, among other things, spending limits, banking procedures, and expense returns. No third party can use foreign funds for election advertising, nor can it collude with other third parties to circumvent the CEA.

For more information, see CCCC Member Resource page on Lobbying and PDDDA, Dos and Don’ts for Charities During the Federal Election, and Elections Canada Third Party FAQ and Tools for Third Parties.