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Questions about the Exclusion Provisions

What exactly does the Fair Workplaces, Better Jobs Act do?

The act has repealed section 3(4) of PART III of the Employment Standards Act, 2000 (ESA) which excluded Crown employees from the act. The act has added section 3.1 which states that the Crown is bound by the ESA.

What does this provision do and why is this significant?

Crown employees are now covered by almost all provisions of the ESA. Crown employers must be in compliance with the ESA as of January 1, 2018.

Is the Crown bound by the ESA in its entirety?

No. There is an exception under section 4(4.1) of the ESA that states that the section 4-related employer provisions do not apply to the Crown.

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