{"id":37983,"date":"2024-09-23T17:06:14","date_gmt":"2024-09-23T21:06:14","guid":{"rendered":"https:\/\/www.cccc.org\/news_blogs\/?p=37983"},"modified":"2024-09-23T17:06:18","modified_gmt":"2024-09-23T21:06:18","slug":"two-key-election-reminders-for-charities","status":"publish","type":"post","link":"https:\/\/cccc.org\/news_blogs\/legal\/2024\/09\/23\/two-key-election-reminders-for-charities\/","title":{"rendered":"Two Key Election Reminders for Charities"},"content":{"rendered":"\n

Canadians in British Columbia, New Brunswick and Saskatchewan will go to the polls this October. There are two key things charities need to remember during election time: give employees enough time off to vote, and do not support or oppose any candidate or political party.<\/p>\n\n\n\n

Time off to Vote<\/h1>\n\n\n\n

To give everyone an opportunity to vote, provincial legislation requires that eligible voters have a certain amount of time off of work to cast their vote.<\/p>\n\n\n\n

BC: Four-Hour Window to Vote<\/h2>\n\n\n\n

BC employers must ensure employees have four consecutive hours free from work to cast their vote. This applies on voting day and can sometimes apply to advance voting (Election Act, <\/em>RSBC 1996, c 106 s 74<\/a>).<\/p>\n\n\n\n

If an employee\u2019s hours of work don\u2019t give a four-hour window, the employer must give the necessary time off to create a four-hour window.<\/p>\n\n\n\n

Exceptions apply to election officials and individuals who are employed in such remote locations that they wouldn\u2019t reasonably be able to reach any voting place during voting hours.<\/p>\n\n\n\n

Employers can choose when the time off is given but cannot deduct pay.<\/p>\n\n\n\n

SK: Three-Hour Window to Vote<\/h2>\n\n\n\n

In Saskatchewan, employers must ensure employees have three consecutive hours free from work to vote. This applies while the polling places are open for voting on polling day (The Elections Act<\/em>, 1996, SS 1996, c E-6.01 s 60<\/a>).<\/p>\n\n\n\n

If an employee\u2019s hours of work don\u2019t give a three-hour window, the employer must give the necessary time off to create a three-hour window.<\/p>\n\n\n\n

Employers can choose when the time off is given but cannot deduct pay.<\/p>\n\n\n\n

NB: Three-Hour Window to Vote<\/h2>\n\n\n\n

In New Brunswick, employers must ensure employees have three consecutive hours free from work to vote. This applies while the polls are open on polling day (Elections Act<\/em>, RSNB 1973, c E-3 s 86<\/a>).<\/p>\n\n\n\n

If an employee\u2019s hours of work don\u2019t give a three-hour window, the employer must give the necessary time off to create a three-hour window.<\/p>\n\n\n\n

Employers can choose when the time off is given but cannot deduct pay.<\/p>\n\n\n\n

How It Works<\/h2>\n\n\n\n

Not sure if you need to give your employees time off? Three simple questions will help you figure it out:<\/p>\n\n\n\n

    \n
  1. What are the voting hours in your employee\u2019s riding?<\/li>\n\n\n\n
  2. What are your employee\u2019s work hours?<\/li>\n\n\n\n
  3. Do the work hours allow a 3- or 4-hour window to vote?<\/li>\n<\/ol>\n\n\n\n

    If there is already a 3- or 4-hour window, employers don\u2019t have to give extra time off.<\/p>\n\n\n\n

    If an employee\u2019s work hours do not allow for a 3- or 4-hour window, employers must give enough time off to create it.<\/p>\n\n\n\n

    Examples<\/h2>\n\n\n\n
    \"\"<\/figure>\n\n\n\n

    Penalties & Fines for Non-Compliance<\/h2>\n\n\n\n

    Employers cannot deduct pay or impose any penalty on an employee for time off given to vote.<\/p>\n\n\n\n

    Employers who fail to give time off, deduct pay, or impose penalties can be prosecuted.<\/p>\n\n\n\n

    In BC, an individual or organization found guilty of violating s.74 is liable to a fine of not more than $10,000 or to imprisonment for no longer than one year, or both (BC Election Act, <\/em>s 261<\/a>).<\/p>\n\n\n\n

    In SK, a person found guilty of violating the Elections Act<\/em> for a general offence is liable to a fine of no more than $5,000 or to imprisonment for less than two years, or both (SK Election Act <\/em>s 216<\/a>).<\/p>\n\n\n\n

    In NB, a person found guilty of committing an illegal practice is liable to a fine of not less than $240 and no more than $10,200. If a repeat offence, a person is further liable to imprisonment for not more than 90 days. Corporate defendants can be fined up to $9,000 more (s 86(5)<\/a>; Schedule B<\/a>; Provincial Offences Procedures Act, <\/em>SNB 1987, c P-22.1, ss 56(6)<\/a>, 57<\/a>, 63(2)<\/a>, 70(1)(b)<\/a>).<\/p>\n\n\n\n

    Need More Info?<\/h2>\n\n\n\n

    If you need more information about ridings (maps, polling stations), voting hours, and candidate lists, check Elections BC<\/a>, Elections SK<\/a>, and Elections NB<\/a>, where all of the official election info can be found.<\/p>\n\n\n\n

    No Support or Opposition<\/h1>\n\n\n\n

    Charities cannot use any resources for partisan political purposes. That means that no resources can be used for \u201cthe direct or indirect support of, or opposition to, any political party or candidate for public office<\/a>.\u201d Resources is an all-encompassing term. It means financial, human, and physical.<\/p>\n\n\n\n

    Practically speaking, this means that a charity cannot<\/strong>:<\/p>\n\n\n\n