By Tahwila Husaini
INTRODUCTION
A study found 60% of children in British Columbia (BC) ages 12 to 16 were engaged in some type of work during the year, and 46% reported being too tired and/or not having enough time to complete their homework or participate appropriately at school as a result of working too much.1 In the same study, 9% of the children said their first job was in construction.2 Furthermore, each day in Canada, more than 40 workers under the age of 19 are injured on the job.3 These statistics emphasize the importance of government enacting legislation to protect children’s education and safety.
While part-time employment can be a beneficial experience for young people, the benefits need to outweigh the costs. Young workers are valuable in bringing new energy and ideas, but it can be coupled with an eagerness to please and a lack of experience leading to workplace injuries. Before Bill 8 came into effect in 2019, the minimum age to work in BC was 12-years-old.4 BC was known to have the youngest work start age in North America and was the only province in Canada that had minimal to no restrictions on the occupations, tasks, or time of day a child could work. While Bill 8 raised the minimum age for employment from 12 to 16 to comply with the International Labour Organization’s (ILO) recommended minimum age of employment, it is not enough. There is a lack of regulation and oversight resulting in too many children getting injured at workplaces.
This paper argues that BC Employment Standards Act’s5 (ESA) section on hiring children needs to be amended in order to protect their education and safety.6 Issues addressed in the paper include hazardous work, inappropriate jobs, tasks, work hours and times of day. This paper compares the employment standards for children across Canadian jurisdictions, especially the intersection of education and safety. Part I provides the legal context in terms of international employment standards and Canada’s employment standards for children. Part II examines education and safety requirements in child employment laws. Part III provides recommendations on amending section 9 of the BC ESA pertaining to hiring young children.
The findings suggest the need to increase BC’s minimum school-leaving age to 18, decrease the number of allowable working hours to three hours on school days, and prohibit children from working in hazardous industries until at least 18-years-old.
Part I: EMPLOYMENT STANDARDS FOR CHILDREN
BC falls short in education and child protection employment standards in comparison to international and other Canadian jurisdictions. While there are broad federal laws around employment and education standards, provinces and territories create their own acts and regulations.
A. INTERNATIONAL STANDARDS
International Labour Organization (ILO) includes international labour standards (ILS) relevant to youth employment. Canada joined the ILO in 1919 as one of the founding members.7 The ILO legislations and regulations include provisions on the conditions of employment such as minimum age to work, pay, working time, night work, work safety and health, and labour inspection. The ILS suggests that the minimum age to work should “not be less than the age of completion of compulsory school and, in any case, shall not be less than 16 years.”8 Further, there is an emphasis on providing the best possible work conditions to ensure physical and mental growth for children and young persons. While Canada joined ILO, it is not binding law, and therefore there is variance in minimum ages and restrictions in young people working across the provinces and territories.
B. BRITISH COLUMBIA STANDARDS
The laws governing children working in British Columbia are covered under the Employment Standards Act.9 In 2003, British Columbia’s government passed Bill 37 to amend the Employment Standards Act.9 Bill 37 eliminated the requirement for employers to obtain a permit to employ children as young as 12 years old and shifted the responsibility from the government to parents in charge of workplace safety. BC was known to have the youngest work start age in North America and was the only province in Canada that had minimal to no restrictions on the occupations, tasks, or time of day a child could work.
In 2019, Bill 8 raised the minimum age for employment from 12 to 16 to comply with ILO’s recommended minimum age of employment.10 A young person who is 16 years or older can work in BC without anyone’s permission. However, there are different requirements for hiring children under 16 in the Employment Standards Regulation.11 For example, all children less than 15 years old must work under direct supervision of someone who is at least 19 years old.12 Further, children 14 and 15 years old can do “light work” with the permission of their parent or guardian. A 14- and 15-year-old child wanting to work in what is not considered “light work,” or a child under 14 years old wanting to work, requires both permission from parent or guardian and a permit from the BC Ministry of Labour’s Employment Standards Branch (see figure 1).13
Figure 1- Employment Standards Act, RSBC 1996, c. 113, s.9.
The BC government sets out what constitutes “light work” including a list of occupations and tasks that are not harmful to a child’s health or development.14 Additionally, children under 15 years old have restrictions on hours of work, including not working during school hours, more than 4 hours on school days, more than 7 hours on non-school days, more than 20 hours in a week with 5 school days, and more than 35 hours a week when school is not in session (see figure 2).15
Figure 2 – “Employment Standards Regulation”, BC Reg. 369/95, part 7.1.
There are likely more restrictions to follow on what is considered hazardous after the BC Ministry of Labour had a public survey in Spring 2022 asking for input to develop a regulation to define which types of work are too hazardous for young people under the age of 19.16
The Director of Employment Standards has discretion on issuing a permit for children 14 and 15 who want to work in what is not considered “light work” and any child under 14 years old wanting to work. The discretion is based on whether an exception to the standard provisions of the Act is reasonable in the circumstances. In determining what is reasonable, the director considers factors including: the child’s health and wellbeing of the child, including any risks or hazards they may be exposed to; the child’s ability to assess risk and refuse tasks they may be uncomfortable performing; the consent provided by the parent or guardian and the child’s school authority; and the suitability of the employment for the child.
C. OTHER CANADIAN PROVINCE AND TERRITORIES’ STANDARDS
Since BC is still in the process of writing their regulations after Bill 8, a review of what other Canadian jurisdictions have said about the intersection of safety and education in the workforce would be helpful to examine.17 As for health and safety, the Canada Labour Code and Regulations states that a child under the age of 17 years cannot be employed in a mine, with explosives, nuclear energy, or any job that is likely to be injurious to their health or to endanger their safety. In terms of education, the Canada Labour Code and Regulations states a person under the age of 17 may work if they are not required to be to be in attendance at school under the law of the province they reside in.18 In New Brunswick, a child must attend school until they either graduate high school or reach the age of 18.19 In the other provinces and territories, a child must attend school until the age of 16.20 While work outside school hours is generally allowed, the provinces differ in the specificities.
Most prairie provinces require a child to obtain a work certificate. For example, in Manitoba, children under 16 cannot be employed unless they provide a work readiness certificate that is signed by a director and a parent or guardian.21 Further, a child under 16 cannot work from 11 p.m. to 6 a.m., and for more than 20 hours during a school week.22 Similarly, in Saskatchewan, 14 and 15 year old require parent or guardian permission, as well as getting a Young Worker Readiness Certificate before working.23 Further, they are not permitted to work after 10pm until the start of any school day, and no more than 16 hours in a school week.24 However, Alberta does not require a work certificate. In Alberta, children under 15 require parent or guardian consent and approval of the director to work, with some exceptions found in section 52(1) of jobs that do not require a permit. If a child aged 13 to 14 is granted a permit, they cannot work 9 p.m. to 6 a.m., but they may work up to two hours outside normal school hours on a school day or eight hours on other days.25
In central Canada, there are less commonalities between the provinces. In Ontario, there are age restrictions in certain jobs such as 16 years of age in a logging operation, 15 years old in a factory other than a logging operation, and 14 years of age in a workplace other than a factory.26 In Quebec, there is no minimum age to work. However, children under 14 years old require consent from a parent or guardian, and cannot work 11 p.m. to 6 a.m.27
In the Atlantic region, excluding Prince Edward Island, there are commonalities in their work restrictions. In New Brunswick, a person under the age of 16 cannot work for more than three hours on a school day, six hours on a non-school day, more than eight hours at work and school combined, and between the times of 10 p.m. and 6 a.m.28 In Nova Scotia, children under 16 are restricted on the types of jobs that they can work. Further, children under 14 years old cannot work more than three hours on a school day, more than eight hours on a non-school day, and cannot work from 10 p.m. to 6 a.m.29
The northern territories and Prince Edward Island do not have a minimum employment age. However, children under 16 are restricted from working 11 p.m. to 7 a.m., more than three hours on a school day, more than eight hours on non-school days, and more than 40 hours in a week. 30 Overall, most jurisdictions have safeguards in place to protect a child’s health, mental wellbeing, and education.
Part II: MITIGATING CONSEQUENCES OF CHILD EMPLOYMENT
When determining what an individual or group of people need, it is best to directly speak with them. When First Call, a child advocacy group, researched child employment standards in BC, they ensured to speak with young people on their perspectives.31 First Call found many of the children in their study had difficulties balancing their education and jobs.
A. WHAT IS IN THE CHILD’S BEST INTEREST?
Canadian legislation conceptualizes children as dependent, vulnerable, and deserving of protection of their mental and physical well-being and development.32 This is conceptualized by removing children’s autonomy and voice by shifting the responsibility to parents and government. For example, in civil context, family law prioritizes the “best interests of the child.”33 The concept of child’s best interest is rooted “in the presumption that parents should make important decisions affecting their children both because parents are more likely to appreciate the best interests of their children and because the state is ill-equipped to make such decisions itself.”34 However, this is not always the case. In a study on the perception of health and safety risks among parents of young teens, they found parents generally trusted their children’s employers when children work at fixed venues.35 But if their child worked odd jobs like babysitting or newspaper delivery, “then the parents’ biggest worries were around kidnapping and assault – events that are very rare.”36 Instead case law suggests the main issue in employment of young persons is around employers who are derelict in their duties under the Occupational Health and Safety Act, and are often aware of the unsafe work conditions.37 Given parents’ misguided perception of health and safety hazards, it is an audience that needs to be more informed about common risks their child may experience at work such as cuts, bruises, strains, and sprains.
Further, where a parent does not provide the requisite care in a child’s health and development, the government can intervene. This intervention gives the impression that it is the public’s responsibility towards children to balance “community’s interest” in the proper parenting and development of children, with that of the individual’s parent’s right to privacy and right to raise children as he or she sees fit.”38 However, it can be argued that a state’s intervention is not always in the best interest of a child either – given BC had the lowest child-related employment standards in North America, and was the only province that had no restrictions on the occupations, tasks, or time of day a child can work until Bill 8.39 Thus, having parents and government determine what is in the “best interest of the child” is a concern for both the physical protection of the child and future development of child welfare laws.
B. THE IMPACTS OF WORK ON EDUCATION
In Canada, the employment of young persons is limited during school hours as a way to ensure their presence in school during crucial skill-developing years. Canada ranks third among the world’s wealthiest countries in terms of the quality of education, and second worldwide in rates of high school completion.40
While the aims of each school are expressed differently, the general goals of primary schools are to provide children ages 5-13 an environment that is safe and healthy; to enjoy learning; develop personal, social and emotional maturity; develop confidence and independence; and learn to contribute actively to society.41 Primary schools aim to have children acquire facts and knowledge; learn and develop skills; understand ideas and concepts; and develop transferrable skills, attitudes, and qualities.42 The transferable skills include: personal and emotional skills; social skills; learning and thinking skills; and working skills. As one teacher described it, you are essentially learning “life skills” in addition to curriculum in primary school.
After developing the basic life skills in primary school, children approximately 13-18 years old go to high school. The three areas of human development that are focused on in high school include: biological and physical development; psychological and cognitive; and sociological and cultural. Though the focus of high school is to assist children in these areas of development, it is not a linear process for each child. In terms of biological and physical, a 15-year-old student may look like an adult, but still have the maturity level of a child. Further, children in high school begin to have better cognitive abilities that were only emerging in fourth and fifth grade (or 9-11 years old). Lastly, children in high school often struggle with a series of identity crises that are closely tied to one’s self-concept, social and cultural surroundings.
While researchers note high school drop-out is due to the culmination of a long-term process of academic disengagement, several studies found that students who work intensive hours while in school are more likely to drop out.43 The negative effect appears when a child works intensive hours – more than twenty hours a week, and with certain types of jobs.44 In addition, researchers have identified five theories of high school drop out that begin at the age of 14: general deviance (deviant behaviour and sexual involvement); deviant affiliation (bonding to antisocial peers); school socialization (low school bonding); poor family socialization (low parental educational expectations, and parents’ lack of education); and structural strains (including higher risk for males; ethnicity such as African American and Indigenous, and lower socioeconomic status).45 At age 15, children struggle with the aforementioned predictors of low achievement and often decide to drop out around age 16. 48 The effects also vary by gender, race, and ethnicity. It is clear that some students do not work voluntarily, but out of necessity whether due to their family life or poverty.
The decision to drop out has profound effects on the individual and society. Individual impacts include lower earnings, higher likelihood of unemployment, and increased health problems.46 As previously mentioned, minorities and individuals with lower socioeconomic status are at a higher risk of dropping out of high school. Societal impacts of high school dropouts include loss of tax revenue, higher spending on public assistance, and higher crime rates.50 More specifically, “the average annual income of dropouts was less than half the income of high school graduates, half the welfare families were headed by dropouts, and dropouts accounted for half the prison population.”47
These findings reveal the importance of education and remaining in school as long as possible within the developmental period from age 14 to 18.48 Further, students who develop a commitment to high achievement in school and who feel a sense of attachment are more successful academically. In addition, psychological well-being is positively correlated with school importance. 49 A sense of attachment and enjoyment to school is less likely if one is sleep deprived from working long days before or not attending at all. For these reasons, BC needs to amend its legislation on hiring young children to prioritize their educational needs.
Application to Legislation:
The federal legislation, “Canada Labour Code and Regulations”, prohibits children from working during school hours. In most provinces and territories, a child must attend school until the age of 16 (which is about grade 10 or 11).50 However, New Brunswick requires a child to attend school until they either graduate high school or reach the age of 18. While most provinces differ on the exact hours a child can work outside of school, it ranges from two to four hours outside of normal school hours, seven to eight hours on a non-school day, and an average total of 16 hours per week. In Canada, each province and territory decides when their school year starts and ends, and the school day hours.51 Elementary and high schools generally run from 8 a.m. to 3 p.m., or 9 a.m. to 4 p.m., from Monday to Friday.52 In British Columbia, children under 15 years old have restrictions on hours of work, including not working during school hours, more than four hours on school days, more than seven hours on non-school days, more than 20 hours in a week with five school days, and more than 35 hours a week when school is not in session.53
These findings suggest amendments to the current BC Employment Standards Act section governing hiring children. The first suggestion is to increase the minimum school leaving age to 18 because research has consistently shown that students in areas with a higher school-leaving age stay in school longer.54 Next, I would suggest to increase the restrictions on hours of work to negate the correlation of increased drop-out rates. I recommend decreasing the maximum number of hours worked during a school week to 16 hours instead of 20. Lastly, I recommend increasing the limit of 35 hours to 40 hours when school is not in session. One of my most memorable jobs has been working as a camp counsellor in the summers, and that required 40 hours per week. If the current legislation was applicable in my case, I would have lost out on that job, and potential other jobs since it is common for full time employees to work 40 hours. This increase will also prepare students for when they enter the work-force after school as the average work week is 40 hours.
C. THE IMPACTS OF WORK ON HEALTH AND SAFETY
In Canada, the approach taken by the various jurisdictions has been to permit young persons to have access to jobs and work experience, while putting in place restrictions to protect their health and safety.55 From workers of all ages, young and new workers have the highest risk to workplace injuries.56 Every single year, children under 14 years were injured severely on the job, and had Worksafe BC pay out tens of thousands of dollars in injury claims, and over $5 million dollars in disability benefits.57 These injury rates are higher than those in the adult population, given that these teens are working only part-time. Young worker’s injuries often result from inadequate training, orientation, and supervision; inexperience; lack of awareness of workplace rights and responsibilities; exposure to dangerous jobs; and hesitancy to ask questions.”58
Studies have shown that young adolescents have a sense of and experience a phenomenon known as “personable fable,” where they feel “special, different from other people… [it gives them] courage to participate in many necessary but frightening activities.”59 Further, a study found that children under 15 years old are still developing their spatial memory and attention to tasks.60 Therefore, their understanding of health and safety and risks are only emerging, so it is important to influence their occupational health and safety attitudes during these critical years.
Despite the alarming statistics of young children being injured at work, a comprehensive search of Canadian case law does not yield any results past 1900~. This suggests that child workplace injuries may be dealt with in other ways, such as a complaint process and investigation that includes a third party who works to bring about a conclusion amongst the parties. By neglecting this group of employees, it has become an invisible labour force, and children’s health and safety have been ignored.
Application to Legislation:
The Federal legislation, Canada Labour Code and Regulations, states that a child under the age of 17 years cannot be employed in a mine, with explosives, nuclear energy, vessel, ship, or any job that is likely to be injurious to their health or to endanger their safety.61 Across Canada, minors are not permitted to sell or serve alcohol or be involved in any form of sexually explicit entertainment. In most provinces and territories, depending on the child’s age, they can place restrictions on other types of jobs. Many jurisdictions also prohibit a young person in the construction industry. The minimum age to work in construction varies – in Ontario a child must be over 16, but in BC, it is not set. Additionally, many jurisdictions prohibit a child under 16 years old to become apprentices in designated trades. Other prohibited or restricted work for children include forestry, logging, drilling rigs, meat processing, and production processes in sawmills.62 The restrictions seek to accomplish protecting young workers from hazardous environments, substances or occupations as well as protecting others in the workplace.
Under the Workers Compensation Act63 and the “Occupational Health and Safety Regulation” (“OHS”),64 employees in BC have three main health and safety rights: first, the right to know about hazards in the workplace; second, the right to participate in health and safety activities; and lastly, the right to refuse unsafe work without being punished or fired.65 More specifically, under section 3.23 of the OHS, an employer must ensure that before a young worker begins working, they are given health and safety orientation and training specific to the workplace. There is a list of topics that must be included in the orientation and training including, but not limited to: rights and responsibilities to reporting unsafe conditions and right to refuse to perform unsafe work; hazards which they may be exposed to; violence in the workplace; personal protective equipment; location of first aid; emergency procedures; instruction and demonstration of work task or process; and emergency contacts. Further, under section 24 of the OHS, additional training must be provided if the young worker is unable to perform work tasks or processes safely, or if the young worker requests it. Lastly, section 3.25 of the OHS states that employers must keep records of all orientation or training provided. Additionally, employers must report workplace injuries and illnesses to WorkSafeBC within three days.66
Since the enactment of Bill 8, a child under 16 years of age cannot work in a hazardous industry. Hazardous is broadly defined as “work that the Lieutenant Governor in Council considers is likely to be harmful to the health, safety or morals” (see figure 3).67 The survey BC Ministry of Labour took in Spring 2022 will define what work is too hazardous for young people.
Figure 3: Employment Standards Amendment Act, 4th session, 41st leg, British Columbia, 2019.
These findings suggest the current BC Employment Standards Act needs to include provisions on the types of jobs that are restricted to children because they are unsafe. BC’s WorkSafe report suggests the top industry of injuries comes from construction. For this reason, I would suggest restricting children under 18 years old from working in construction, including forestry, forestry, logging, drilling rigs, meat processing, and production processes in sawmills. The reason for this age aligns with my earlier suggestion of mandating children to attend school until they either graduate high school or turn 18. Further, other policy recommendations include having at least one young worker participate in the health and safety committee at the workplace. This way young workers will be involved in making health and safety decisions, and able to bring forth feedback from their peers. From personal experience, during my time working at a busy gym in high school and university, I joined the health and safety committee. This opportunity taught me a great deal and instilled in me the confidence to effectively respond to the risks and safety considerations within my workplace.
PART III: RECOMMENDATIONS
These findings call for the development and enactment of BC’s ESA and School Act to protect children’s education and safety in the next legislative session. It is recommended to increase BC’s minimum school-leaving age to 18 years old. Further improvements to the ESA include amending restrictions on the occupations, tasks, and times of day children can work. It is recommended to define what constitutes as hazardous industries and work, and then prohibit it for children under 18-years-old. Examples of hazardous industries and work include construction, mines, working with explosives, vessels, ships, forestry, logging, drilling rigs, meat processing, and production processes in sawmills. Further restrictions are needed on the times of day such as not working from 10 p.m. to the end of a school day. In addition, the maximum total number of hours a child can work in a school week should be decreased to 16 hours, but the total hours when school is not in session should be increased to 40 (i.e., summer and winter breaks). Moreover, it is recommended these restrictions of times and hours a child can work should apply to all children under the age of 18.
Other recommendations include involving children, parents, employers, legal clinics, and data collectors in this discussion. Children’s voices are critical, especially when these laws pertain to them. Next, since most parents will be deciding if, when, and where their children will go to work, it is essential to educate parents to ensure their child is working an appropriate job for their age and abilities. Employers should have at least one young worker participate in their health and safety committee. Moreover, employers should submit an updated orientation guide for hiring children under 18-years-old, and ensure the requirements under the Workers Compensation Act and the OHS are met. The guides should be submitted to the government Employment Standards Branch who randomly audits the submissions. In addition, there should be a legal clinic in BC that specializes in employment law for children, and offer free legal advice. This service should be included in the orientation package that employers provide to young workers. Lastly, Statistics Canada needs to track participation of all children working from 12 years old and up. Further, WorkSafeBC needs to publish the same detailed injury claims reports for 12 years old and up that are currently produced for young workers 15-24 years old.
CONCLUSION
In summary, BC’s ESA section on hiring children needs to be amended in order to protect their education and safety. The government needs to address hazardous work, inappropriate jobs, tasks, work hours and time of day. While the enactment of Bill 8 increased the minimum work-start age from 12 to 16, there are still gaps in the legislation. BC falls short of international standards to protect children in the workplace.68 A number of jurisdictions in Canada have stronger protections for children’s education and safety that could be adopted by BC.
Working and finishing high school can mix if done in moderation. Studies show that children who work over 20 hours or more per week were at the highest risk of dropping out.69 However, if children did not work at all, they were 1.5 times more likely to drop out of school.70 As a result, this paper does not suggest to restrict children from working, but rather suggests that the benefits of a child working need to outweigh the costs. The benefits outweighing the costs of working is not the common consensus amongst children in BC. There is evidence that children are disproportionately exploited in the workplace because they lack full legal protection, awareness of their rights and workplace regulations, and power to negotiate safe working conditions. Despite the alarming statistics of young children being injured at work, a comprehensive search of Canadian case law does not yield recent cases. This is evidence of the reoccurring theme of children becoming an invisible labour force. Children’s health and safety have been ignored for far too long.
leaving age to 18, decrease the number of allowable working hours to three hours on school days, and prohibit children from working in hazardous industries until at least 18-years-old. In addition, further research and data is required on how many children under 15 years of age are working, in what sectors, and their injury rates. By creating these changes, more students will complete high school, and this will positively impact the individual and society as high school completion is positively correlated with higher income rates, fewer health problems, less spending on public assistance, and decreased crime rates.71
BIBLIOGRAPHY
LEGISLATION
Act Respecting Labour Standards, CQLR c N-1.1.
Bill 8, Employment Standards Amendment Act, 4th session, 41st leg, British Columbia, 2019.
Bill 37, Skills Development and Labour Statutes Amendment Act, 1st session, 37th leg, British Columbia, 2003.
Canada Labour Code, RSC 1985, c L-2.
Employment Standards Act, SNB 1982, c E-7.2, s. 39.
Employment Standards Act, RSBC 1996, c. 113.
Employment Standards Act, RSPEI 1988, c E-6.2
Employment Standards Regulation, BC Reg. 369/95, part 7.1.
Industrial Establishments Regulation R.R.O. 1990, Reg. 851.
The Employment Standards Code, C.C.S.M. c.E110 Manitoba.
The Saskatchewan Employment Act, SS 2013, c S-15.1.
Employment Standards Regulation, Alta Reg 14/1997.
Occupational Health and Safety Regulation, BC Reg 296/97.
Workers Compensation Act, RSBC 2019, c 1.
JURISPRUDENCE
B. (R.) v. Children’s Aid Society of Metropolitan Toronto, [1994] S.C.J. No. 24, [1995] 1 S.C.R. 315.
R.v. Zambri, [1988] 5 C.O.H.S.C. 103.
SECONDARY MATERIAL
Adrienne Montani & Andrina Perry, “Child Labour is No Accident: The Experience of BC’s Working Children” (Vancouver: First Call, 2013).
Alison M Latimer, “A Positive Future for Section 7?: Children and Charter Change”, 2014 67 “Supreme Court Law Review 537”.
Canadian Centre for Occupational Health and Safety, “Young Workers on Topic” (2022), online.
EduCanada, “High school in Canada” (16 February 2022), online.
International Labour Organization, “International Labour Standards Relevant to Youth Employment”, online.
Jeffery Wilson, “Wilson on Children and the Law”, loose-leaf (Markham, ON: LexisNexis Canada, 1994).
John H. Tyler, “Finishing High School: Alternative Pathways and Dropout Recovery” (2009) 19:1.
Labour Program, Human Resources and Social Development Canada, “Labour Laws Analysis” (October 2006), online.
Mike Cowdray, “Children’s Learning in Primary Schools”, 1st ed (London: Routledge, 2012).
Sara Battin, Michael D. Newcomb, Robert D. Abbott & Karl Hill. “Predictors of early high school dropout: A test of five theories” (2000) 92(3): 568-582
Endnotes
1 Adrienne Montani & Andrina Perry, “Child Labour is No Accident: The Experience of BC’s Working Children” (Vancouver: First Call, 2013).
2 Adrienne Montani & Andrina Perry,
supra note 1 (it is prohibited for children under 16 years of age to work in construction in Canada).
3 Canadian Centre for Occupational Health and Safety, “Young Workers on Topic” (2022).
4 Bill 8,
Employment Standards Amendment Act, 4
th session, 41st leg, British Columbia, 2019.
5 Employment Standards Act, RSBC 1996, c. 113 [“ESA”].
6 For the scope of this paper, the focus is on children up to the age of 16. This is because 16 is the age all provinces and territories in Canada, except for New Brunswick, require children to attend school. In addition, this discussion does not include the needs of children working in the entertainment industry or in farming because there are other special employment conditions.
7 International Labour Organization, “International Labour Standards Relevant to Youth Employment”.
8 Ibid, R146 – Minimum Age Recommendation, 1973 (No. 146) 9
ESA, supra note 5. Part 2, Section 9.
9 Bill 37,
Skills Development and Labour Statutes Amendment Act, 1
st session, 37
th leg, British Columbia, 2003.
11 “Employment Standards Regulation”, BC Reg. 369/95, part 7.1.
12 ESA, supra note 5, s. 45.4 (with the exception of not needing supervision when babysitting or a home care worker).
13 For ages 14 and 15, employers need a permit unless: the child will be working in a camp and will not be performing any tasks listed in “not light work”; the child is working for a family owned business and will not be performing any tasks listed in “not light work”; the child will be performing in the entertainment industry; and the child will be doing lightwork only. See “Employment Standards Regulation, supra” note 12.
14 “Employment Standards Regulation”,
supra note 11, s.45.22.
15 “Employment Standards Regulation”,
supra note 11, s.25.3.
18 “Canada Labour Code”, RSC 1985, c L-2.
19 ESA,
supra note 5, s. 39.
20 Labour Program, Human Resources and Social Development Canada, “
Labour Laws Analysis” (October 2006), online.
21 “The Employment Standards Code”, C.C.S.M. c.E110 Manitoba, Division 14 s. 84.
23 The Saskatchewan Employment Act, SS 2013, c S-15.1 (you must take pass all three tests with a mark of 75% or higher to get the Young Worker Readiness Certificate including: understanding the world of work test, workplace health and safety test, and rules for fairness at work test).
25 “Employment Standards Code”, part 2, Division 9, s. 65; Employment Standards Regulation, Alta Reg 14/1997 Regulations – part 5, s. 51 and 52.
26 “Industrial Establishments Regulation” R.R.O. 1990, Reg. 851.
27 “Act Respecting Labour Standards”, CQLR c N-1.1.
28 Employment Standards Act, SNB 1982, c E-7.2, s. 39.
30 Employment Standards Act, RSPEI 1988, c E-6.2, s. 44-47.
31 Adrienne Montani & Andrina Perry,
supra note 1.
32 Alison M Latimer, “A Positive Future for Section 7”, Children and Charter Change, 2014 67 “Supreme Court Law Review” 537, 2014.
33 Family Law Act, SBC 2011, c 25, s. 37;
Divorce Act, RSC 1985, c 3 (2
nd Supp), s.16(3) (“best interests of the child” is a complex legal test used to decide what would best protect a child’s physical, psychological, and emotional safety, security and wellbeing).
34 B. (R.) v. Children’s Aid Society of Metropolitan Toronto, [1994] S.C.J. No. 24, [1995] 1 S.C.R. 315, at para 85.
35 Canadian Centre for Occupational Health and Safety,
supra note 2.
36 Institute for Work and Health,
supra note 28.
37 R.v. Zambri, [1988] 5 C.O.H.S.C. 103.
38 Jeffery Wilson, Wilson on Children and the Law, loose-leaf (Markham, ON: LexisNexis Canada, 1994) (“proper parenting and development of children” are culturally informed).
39 Adrienne Montani & Andrina Perry,
supra note 1.
41 Mike Cowdray, “Children’s Learning in Primary Schools” 1
st ed (London: Routledge, 2012).
43 John Tyler, “Finishing High School: Alternative Pathways and Dropout Recovery” (2009) 19:1.
45 Sara Battin et al, “Predictors of early high school dropout: A test of five theories” (2000) 92(3): 568-582.
46 John Tyler,
supra note 43.
47 Adrienne Montani & Andrina Perry,
supra note 1, page 12.
50 Canada Labour Code,
supra note 20.
53 ESA,
supra note 5, s. 25.3.
54 Adrienne Montani & Andrina Perry,
supra note 1.
58 WorkSafeBC,
supra note 31.
59 Sara Battin et al,
supra note 45, page 6.
60 Canadian Centre for Occupational Health and Safety,
supra note 2.
61 Canada Labour Code,
supra note 20.
62 Canadian Centre for Occupational Health and Safety,
supra note 2.
63 Workers Compensation Act, RSBC 2019, c 1.
64 “Occupational Health and Safety Regulation”, BC Reg 296/97.
66 Ibid (what to report: leave from the jobsite for treatment at a medical facility; missed time from work after the day of the injury; loss of consciousness; diagnosis of work-related disease; mental health disorder related to work; and broken eyeglasses, dentures, hearing aid, or limb due to work-related incident).
67 Employment Standards Regulation,
supra note 11.
71 John Tyler,
supra note 43.