The requirement for employers to have a written policy on disconnecting from work was added into the ESA on December 2, 2021. Therefore, the requirement applies to those employers covered by the ESA. Section 3 of the ESA lists several groups to whom the ESA does not apply at all, including where the employment relationship is within the federal jurisdiction, employees of an embassy or consulate of a foreign nation and their employer.
The Ministry of Labour's guidelines also specify that the requirement does not apply to the Crown, a Crown agency or an authority, board, commission or corporation whose members are all appointed by the Crown and their employees.