Employment Standards Act (ESA) and Regulation

under 12

Cannot be employed without the permission of the Director of Employment Standards. If permission is granted, the Director may set conditions of employment. s. 9 (Act)

12 to 14

Cannot be employed without the written consent of the parent or guardian. s. 9 (Act)

Cannot be required or allowed to work:

• during school hours;
• for more than 4 hours on a school day;
• for more than 7 hours on a non-school day, unless written approval of the Director of Employment Standards is first obtained;
• for more than 20 hours in a week that has 5 school days;
• for more than 35 hours in a week in any other case. s. 45.3 (Reg.)

Hours of work may not be averaged over a specified period for overtime calculation purposes (as provided for under section 37 of the Act for employees not covered by a collective agreement). s. 45.2 (Reg.)

Must work under the direct and immediate supervision of a person who is at least 19 years old. s. 45.4 (Reg.)

However, the Act (and, hence, child labour provisions) does not apply to:

• students employed by a school authority at the secondary school where they are enrolled;
• students enrolled at a secondary school involved in a work study, work experience or occupational study class;
• sitters;
• young persons participating in certain time-limited government programs providing on-site training or work experience. s. 9 (Act); s. 32 (Reg.)

Employment Standards Regulation

under 15 (children in entertain­ment industry)

Children working as actors, including background performers and extras, in the film, radio, video, television, or television and radio commercials industry are covered by different rules than other child employees. No permit from the Director of Employment Standards is required to employ a child actor of any age, as long as written consent is obtained from the child’s parent or guardian. However, in no case may a person employ a baby who is less than 15 days old. ss. 45.5, 45.7

Child actors are not covered by the Act’s provisions regarding split shifts, daily and weekly rest periods and averaging agreements. The following restrictions apply instead:

• A workday must end 8 hours after reporting to work (if the child is under 12 years of age) or 10 hours after reporting to work (if the child is at least 12 but less than 15 years old).
• Unless prior written approval is received from the Director, a child’s shift may not start earlier than 5:00 a.m. and may not end later than 10:00 p.m. if the next day is a school day, 12:30 a.m. if the next day is not a school day or 2:00 a.m. if the child’s school is not in session.
• 48 consecutive hours free from work must be provided each week. However, the employer may instead pay the employee 1 ½ times his/her regular wage for any time worked during that period.
• At least 12 consecutive hours free from work must be provided between each shift and/or before the start of a school day.
• The workweek must be limited to 5 days in a week or, with the written approval of the Director, to 6 days in a week.
• Split shifts are forbidden.
• Meal breaks are limited to 1 hour each. ss. 45.6, 45.8, 45.9, 45.11, 45.12

A minimum break period, ranging from 10 to 20 minutes (depending on the age of the child actor), must be provided after a specified amount of time—ranging from 15 to 60 consecutive minutes, based on age—is spent before a recording device (e.g., a camera or sound recorder). s. 45.10

Child actors must be chaperoned while on a production set (the Regulation specifies who may and who may not act as a chaperone and the maximum number of children who may be chaperoned by the same person). s. 45.13

25% of the child’s earnings exceeding $2,000 on a production must be remitted to the Public Guardian and Trustee to be held in trust for the child. s. 45.14

Occupational Health and Safety Regulation under the Workers Compensation Act

under 16

Cannot be employed to mix, load or apply a moderately or very toxic pesticide for use in a workplace, or clean or maintain equipment used in the operations. s. 6.77 (Reg.)

under 18

Cannot work as a blaster. s. 21.8 (Reg.)

Health, Safety and Reclamation Code for Mines under the Mines Act

under 18

No young person under 18 may be employed at a mine, except for the purpose of training. s. 3.2.1

School Act

under 16

Must attend school until the age of 16. s. 3(b)

Liquor Control and Licensing Act and Liquor Control Licensing Regulations

under 19

(i.e. minors)

Minors may not be employed as servers or disc jockeys in liquor primary establishments, as minors are not permitted to enter on or to be on premises where liquor is sold or kept for sale. Some exceptions are provided when the minor has a lawful excuse or in circumstances prescribed by regulation (e.g. minors working as entertainers). ss.1, 35(Act); s.9 (Reg.)

Minors may be employed as entertainers in liquor-primary establishments, provided that they are supervised at all time and leave the licensed areas whenever they are not entertaining. However, minors cannot perform as, or in conjunction with, any form of adult oriented or sexually explicit entertainment. (Policy of the Liquor Control and Licensing Branch; Ministry of Public Safety and Solicitor General)