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Introduction to the Employment Standards Act (ESA)  

Definition and Purpose of the ESA  

Historical Context and Development of the ESA  

Scope of the Employment Standards Act  

Coverage of the ESA  

Who is considered an employee?  

Types of employers covered by the ESA  

Key Provisions of the ESA  

Minimum wage standards  

Hours of work and overtime pay  

Leave entitlements (sick leave, maternity leave, etc.)  

Exemptions to the Employment Standards Act  

Specific Industries and Occupations  

Overview of exempt sectors (e.g., self-employed individuals, certain professions)  

Criteria for exemption  

Temporary and Seasonal Workers  

Definition and examples of temporary workers  

Rights and protections for seasonal employment  

Implications of Exemptions  

Impact on workers’ rights and benefits  

Legal recourse for exempt individuals  

Conclusion  

Summary of Key Points  

Importance of Understanding the ESA’s Scope and Exemptions  

Understanding the Scope: Application and Exemptions of the Employment Standards Act  

Application and Operation of this Act
Application of this Act
2(1) This Act applies to all employers and employees, including the Crown in right of Alberta and its employees, except as otherwise provided in this Part.
(2)	Except for provisions relating to leaves under Divisions 7 to
7.6 and other provisions of this Act necessary to give effect to those provisions, this Act does not apply to
(a)	employees who are members of a municipal police service appointed pursuant to the Police Act and their employers with respect to the employment of those employees, or
(b)	employees and employers to the extent that another Act states that this Act or a provision of it does not apply to them.
(3)	, (4) Repealed 2017 c9 s3.
RSA 2000 cE-9 s2;2001 c6 s6;2003 c26 s19; 2009 c4 s3;2013 c6 s3;2011 c12 s33;2017 c9 s3

Farm and ranch exemptions
2.1(1) The following do not apply to employees who are employed in a farming or ranching operation referred to in subsection (4) or to their employer while acting in the capacity of employer of those employees:
(a)	sections 16 and 18 of Part 2, Division 3, Hours of Work;
(b)	Part 2, Division 4, Overtime and Overtime Pay.
(2)	Despite subsection (1), this Act does not apply to
(a)	employees described in subsection (3) who are employed in a farming or ranching operation referred to in subsection (4), or to their employer while acting in the capacity of employer of those employees, and
(b)	employees who are employed in a farming or ranching operation referred to in subsection (4), or to their employer while acting in the capacity of employer of those employees, if the operation employs 5 or fewer employees, not including
(i)	employees described in subsection (3), and
 

(ii)	employees who are employed by the employer for fewer than 6 consecutive months.
(3)	The following are employees that are described for the purpose of subsection (2):
(a)	an employee who is a shareholder of a corporation engaged in a farming or ranching operation of which all shareholders are family members of the same family;
(b)	an employee who is a family member of a shareholder of a corporation engaged in a farming or ranching operation of which all shareholders are family members of the same family;
(c)	an employee who is a family member of a sole proprietor engaged in a farming or ranching operation;
(d)	an employee who is a family member of a partner in a partnership engaged in a farming or ranching operation where all partners are family members of the same family.
(4)	For the purposes of subsections (1) and (2) an employee is employed in a farming or ranching operation if the employee’s employment is directly related to
(a)	the primary production of eggs, milk, grain, seeds, fruit, vegetables, mushrooms, sod, trees, shrubs, plants, honey, livestock, diversified livestock animals within the meaning of the Livestock Industry Diversification Act, poultry or bees,
(b)	the primary production of a product referred to in clause (a) in a greenhouse or nursery, or
(c)	any other primary agricultural operation specified in the regulations.
(5)	In this section, “family member”, in relation to a shareholder, sole proprietor or partner, means
(a)	the spouse or adult interdependent partner of the shareholder, sole proprietor or partner, or
(b)	whether by blood, marriage or adoption or by virtue of an adult interdependent relationship, a child, parent, grandparent, sibling, aunt, uncle, niece, nephew or first cousin of the shareholder, sole proprietor or partner or of the shareholder’s, sole proprietor’s or partner’s spouse or adult interdependent partner,
 

and includes any other person who is a member of a class of persons designated in the regulations under the Employment Standards Code.
2017 c9 s4;2019 c19 s2

Exemptions, modifications and substitutions
2.2	Despite anything in this Act, regulations under section 138 may
(a)	exempt an employment, employer or employee from Part 2 or any provision of it, and
(b)	vary or substitute any provision of Part 2 in respect of an employment, employer or employee.
2017 c9 s4

Civil remedies and greater benefits
3(1) Nothing in this Act affects
(a)	any civil remedy of an employee or an employer;
(b)	an agreement, a right at common law or a custom that
(i)	provides to an employee earnings, leaves of the types described in Divisions 7 to 7.6 or other benefits that are at least equal to those under this Act, or
(ii)	imposes on an employer an obligation or duty greater than that under this Act.
(2) If under an agreement an employee is to receive greater earnings or leaves of the types described in Divisions 7 to 7.6 than those for which this Act provides, the employer must give those greater benefits.
RSA 2000 cE-9 s3;2001 c6 s6;2009 c4 s4;2013 c6 s4;2017 c9 s5

Minimum standards cannot be avoided
4	An agreement that this Act or a provision of it does not apply, or that the remedies provided by it are not to be available for an employee, is against public policy and void.
1996 cE-10.3 s4

Employment deemed continuous
5	For the purposes of this Act, the employment of an employee is deemed to be continuous and uninterrupted when a business, undertaking or other activity or part of it is sold, leased, transferred or merged or if it continues to operate under a receiver or
receiver-manager.
1996 cE-10.3 s5
 

Continuation of order
5.1	Notwithstanding the lapse or termination of the order of the Minister of Labour and Immigration numbered M.O. 2020-26, the terms of the order continue to have effect in relation to this Act for 18 months after the date of the lapse or termination of
M.O. 2020-26.


The Employment Standards Act (ESA) serves as a fundamental framework that governs the relationship between employers and employees, establishing minimum standards for working conditions, wages, and rights. Understanding the scope of the ESA is essential for both workers and employers, as it encapsulates a range of provisions designed to protect employee welfare while delineating the responsibilities of employers. As workplaces evolve in response to economic shifts, technological advancements, and societal changes, a comprehensive grasp of the ESA becomes increasingly vital to ensure compliance and to advocate for fair labor practices. This course delves into the intricacies of the ESA, exploring its definitions, historical context, and the various provisions that shape the employment landscape.

The complexities surrounding the application and exemptions of the ESA necessitate a thorough examination of who qualifies as an employee, the types of employers encompassed by the Act, and the specific provisions that govern working conditions. Notably, while the ESA provides broad protections for many workers, certain exemptions exist that can significantly impact individuals in specific industries and occupations. Understanding these exemptions, including the criteria that determine eligibility, the implications for workers’ rights, and the legal recourse available for those affected, is critical for navigating the modern workforce. This course aims to equip participants with the knowledge necessary to interpret the ESA effectively, ensuring they can advocate for their rights or fulfill their obligations as employers within the framework established by this pivotal legislation.