Toronto Mayoral Election 2026: Employee rights

The 2026 Toronto mayoral by-election will be held on Monday, October 26. Hours of voting will run from 10:00 a.m. to 8:00 p.m.

Am I allowed to vote?

You can vote in the 2026 Toronto mayoral by-election if you are:

• A Canadian citizen
• At least 18 years old
• A resident in Toronto, or a non-resident of Toronto but you or your spouse own or rent property in the city
• Not prohibited from voting under any law

Am I allowed time off work to vote in the mayoral election?

Yes. Employers are legally obligated to give employees three consecutive hours off work during voting hours to cast their ballot. This is a requirement under the Municipal Elections Act.

Scenarios

If an employee’s hours of work mean they do not have three consecutive hours to vote, they must be given the appropriate amount of time off work to meet the three-hour threshold. The employee must be paid during the time.

• Example: An employee works from 11:00 a.m. to 7:00 p.m. They do not have three consecutive hours to cast their ballot while polling stations are open. Their employer must provide proper paid time off work to ensure the employee has three consecutive hours to vote. Municipal law allows the employer to choose a time that is most convenient for them. If the employer lets the employee leave work early at 5:00 p.m., the employee would have three consecutive hours from 5:00 p.m. to 8:00 p.m. to vote.

If an employee’s schedule does not prevent them from accessing three consecutive voting hours, the employer does not have to give them any paid time off work.

• Example: An employee works from 8:00 a.m. to 4:00 p.m. They have at least three consecutive hours after work to vote, from 4:00 p.m. to 8:00 p.m.. Their employer doesn’t have to give them any time off of work.

Can my employer penalize for taking time off to vote?

No. Your employer can’t deduct pay, withhold pay, or penalize you in any way if you take time off work to vote in the mayoral election.

How should I request time off?

It’s recommended that employees make their requests to take time off to vote in writing.

This ensures that you avoid any ambiguity over the request made and consent given.

LEARN MORE:
• Mayor John Tory resigns: are workplace relationships legal?
• Employee rights on various election days in Canada

Can I be fired for voting?

Your employer can’t penalize you by terminating your employment if you exercise your right to vote in the 2026 Toronto mayoral by-election.

If you do lose your job, you are entitled to full severance pay. Severance pay in Ontario is calculated by looking at your age, position, seniority, and other factors. You should receive severance when you are fired without cause, and even in cases where you are dismissed for cause.

You may also be entitled to additional compensation if you are the victim of a reprisal.

An experienced Toronto severance pay lawyer at Samfiru Tumarkin LLP can get you the severance package you deserve. Our local employment lawyers are highly respected, and know how to negotiate to secure what you are legally owed.