Law Society of Ontario (LSO) Paralegal Practice Exam

To whom does the Employment Standards Act (ESA) not apply?

1. Employees in the agricultural sector

2. Employees of the federal government

3. Employees in the construction industry

4. Employees in municipal services

The correct answer is: Employees of the federal government

The Employment Standards Act (ESA) is a piece of legislation that sets out the minimum standards for workplaces in Ontario, but it does not apply to employees who work in federally regulated sectors. This includes employees of the federal government, as well as those in industries that fall under federal jurisdiction, such as airlines, banks, and interprovincial transportation. In the case of the other options, employees in the agricultural sector, construction industry, and municipal services typically fall under provincial jurisdiction, meaning the ESA applies to them. Therefore, they are protected by the standards outlined in the ESA, including minimum wage, hours of work, and overtime pay. Consequently, the choice identifying employees of the federal government is accurate because they are exempt from the provisions of the ESA and are instead covered by different regulations, specifically those that govern federally regulated workplaces.