Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum Age Convention, 1973 (No. 138) - Canada (Ratification: 2016)

The Committee notes the Government’s first report as well as the observations made by the Canadian Labour Congress (CLC) received on 31 August 2018.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s information in its report that all Canadian jurisdictions promote and fund a range of policies and programmes which aim to protect the physical and mental development of young persons including economic and social programmes to alleviate poverty; and child assistance and child welfare programmes. Since 2017, the Employment Insurance Family Supplement Scheme of the Federal Government has been providing additional income support to low-income families with children. In 2016, the Government of Canada launched the Canada Child Benefit, a tax-free benefit made to eligible families to help them with the cost of raising children. This programme has helped to lift approximately 300,000 children out of poverty. Moreover, this programme is further supplemented by other provincial assistance programmes for low-income families, such as the Alberta Family Employment Tax Credit programme and the Ontario Child Benefit programme. The Bright Futures fund in Manitoba supports community-based organisations and schools to address barriers to post-secondary education that are faced by under-represented students. Furthermore, the Committee notes that all jurisdictions promote child assistance and child welfare programmes and vocational training and apprenticeship programmes.

Article 2(1). Scope of application. The Committee notes that the labour laws regulating the employment of children and young persons in Nova Scotia (Labour Standards Code, section 68(4)), Prince Edward Island (Youth Employment Code, section 2), and Saskatchewan (Employment Standards Regulations, section 3(1)) do not apply to enterprises in which only members of the family are employed. In this regard, the Committee recalls that the Convention applies to all sectors of economic activity, including family enterprises and farms. Observing that Canada has not availed itself of the possibility of excluding the application of the Convention to any categories of employment or work, pursuant to Article 4 of the Convention, it requests the Government to indicate how the protection provided by the Convention is guaranteed to children and young persons working in the family owned businesses and enterprises in Nova Scotia, Prince Edward Island and Saskatchewan.

Article 2(1) and (3). Minimum age for admission to employment or work and compulsory education. The Committee notes that in ratifying the Convention, Canada specified a minimum age of 16 years for admission to employment or work within its territory. In its declaration under Article 2 of the Convention, the Government specifies that “the minimum age for admission to employment is implicitly 16 years of age as legislative measures establish the age of completion of compulsory schooling to at least 16 years of age throughout Canada”.

The Committee notes the Government’s statement that, every provincial and territorial jurisdiction has enacted provisions related to mandatory school attendance until at least 16 years of age, hence the minimum age for admission to employment throughout Canada is de facto 16 years. In this regard, the Committee notes that all provinces stipulate that a child who is required to attend school may not be employed during school hours and many provinces have enacted legislation which regulates the working conditions and hours of work of children of compulsory school age.

Federal legislation. The Committee notes the Government’s information that labour is primarily a provincial responsibility and the federal labour standards only regulate businesses and industries related to air, rail, marine, transportation, telecommunications, banks and works declared by Parliament. These sectors do not employ children under the age of 16 years. The Committee further notes that pursuant to section 302 of the Marine Personnel Regulations under the Canada Shipping Act, that no persons under the age of 16 years shall be employed, engaged or work on any vessel.

Provincial legislation. Alberta. Section 65(1) of the Employment Standards Code, 1997 prohibits the employment, during normal school hours, of children who are required to attend school. According to section 7(1) of the Education Act of 2012, every person who is a resident of Alberta and has a parent who is a resident of Canada and is 6 years of age or older, and is younger than 16 years of age, shall attend school.

British Columbia. The Committee notes that according to section 45.3 of the Employment Standards Regulation of 1995, children cannot be required or allowed to work during school hours. Further, under to section 3(1) of the Education Act, children are required to attend school up to 16 years of age.

Manitoba. Section 84.1 of the Employment Standards Code, 1998 as amended up to 2019 prohibits the employment of young persons under 16 years of age unless the employer is provided with a work readiness certificate approved by the Director of Employment Standards and includes a signed consent of the parent. According to sections 1.1, 259.1 and 259.1(1) of the Public Schools Act of 2009, a child of compulsory school age (6–18 years) shall attend school.

New Brunswick. The Committee notes that section 39 of the Employment Standards Act, 1982 prohibits the employment of a young person under the age of 16 years in employment that are harmful to their health, physical and moral development. According to section 15(1) of the Education Act of 1997, a child must attend school until graduation from high school or until he/she reaches the age of 18.

Newfoundland and Labrador. Under section 46 of the Labour Standards Act, 1992 as amended children under 16 years shall not be employed in work: that is or is likely to be harmful to the child’s health and development; and that is prejudicial to the child’s attendance at school, while children under 14 years shall not be employed unless the work is prescribed work within prescribed undertakings. The Government report indicates that so far no work or undertakings has been prescribed for children under 14 years. The Committee also notes that according to section 4(1) of the Schools Act, 1997, a child who attains 6 years of age or more on 31 December in a school year and is younger than 16 years on 1 September in a school year shall attend a school for the entire school year.

Northwest Territories. The Committee notes that according to sections 44 and 45 of the Employment Standards Act of 2007, a youth (defined as children under the age of 16 years) may be employed in any occupation except in certain occupations specified and unless the employer first obtains the approval in writing of the Employment Standards Officer. Further, according to section 27(1) of the Education Act of 1996, every student, who on or before 31 December of the academic year, has attained the age of 6 years and is under 16 years of age, shall attend a school programme regularly and punctually during the academic year.

Nova Scotia. The Committee notes that pursuant to section 33(1) of the Education Act as amended in 2018, every resident of the province over the age of 5 years and under the age of 16 years shall be enrolled in and attend public school. Section 34 of the Education Act further requires that no person shall employ in any work during school hours a child who has not attained the age up to which attendance at school is required unless the person holds a certificate authorizing the employment of the child.

Nunavut. The Committee notes that pursuant to section 13 of the Labour Standards Act, 1988 as amended an employer may employ young persons under the age of 17 years in any occupation except in the occupations specified as prohibited and subject to the conditions that may be prescribed by regulations. The Committee notes that according to sections 30 and 34 of the Education Act, a child of 6 years of age shall be registered with a school and shall be required to attend the school regularly and punctually until he/she is 18 years of age on or before 31 December of the school year and has not graduated from grade 12.

Ontario. The Committee notes that several regulations under the Occupational Health and Safety Act of 1990 (OHS Act), establish different minimum ages for different types of work. Section 4 of the Industrial Establishments Regulation of 1990 as amended up to 2019 states that: the minimum age of, a worker or a person who is permitted to be in or about an industrial establishment, shall be 16 years of age in a logging operation; 15 years of age in a factory other than a logging operation; and 14 years of age in a workplace other than a factory. The Committee also notes that section 16 of the Construction Projects Regulation prohibits the employment of children under 16 years at a construction project and sections 8(1) and 238(1) of the Mines and Mining Plants regulation prohibit the employment of children under 16 years in mining plants or surface mines. According to section 21(1) of the Education Act 1990, every person who attains the age of 6 years on or before the first school day in September in any year shall attend an elementary or secondary school on every school day from the first school day in September in that year until the person attains the age of 18 years.

Prince Edward Island. According to section 4 of the Youth Employment Act of 1990, no employer shall employ a young person under the age of 16 years in employment that is or is likely to be harmful to the health or safety, or moral or physical development of the young person or in construction work (section 5). According to section 46 of the Education Act, every person of compulsory school age (which is six to 16 years) shall attend school or an education programme provided by an education authority.

Quebec. According to section 84.4 of the Act respecting Labour Standards, 1979, as amended, no employer may have work performed during school hours by a child subject to compulsory school attendance. The Committee notes that according to section 14 of the Education Act a child must attend school until the end of the school year in which he/she reaches the age of 16 or at the end of which he/she obtains a diploma awarded by the Minister, whichever occurs first

Saskatchewan. According to section 9.1(2) of the Conditions of Employment Regulations of 2005, as amended, no person shall employ a youth (between 14 and 16 years) unless with the written consent of the youth’s parent. The Committee notes that sections 2 and 156(1) of the Education Act of 1995, require a parent or guardian of a pupil of compulsory school age (6 to 16 years) to ensure such pupil’s regular attendance at school.

Yukon. According to section 18(6) of the Employment Standards Act, 2002 no employer shall employ a person under 17 years of age (a) in any occupations prescribed by the regulations; (b) at a wage less than the minimum wage prescribed by the regulations for the occupation in which the person is employed; or (c) contrary to any conditions prescribed by the regulations. Section 22(1) of the Education Act of 2002, requires every child of 6 to 16 years to attend a school operated by the Minister or a School Board.

Article 3(1) and (2). Hazardous work. With regard to the minimum age for admission to hazardous work and determination of types of hazardous work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee notes that while most of the provinces and territories prohibit certain types of hazardous work for persons under 18 years, some other provinces (such as in British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island and Saskatchewan) prohibit certain hazardous types of work only to children under 16 years. Hence, children between 16 and 18 years are allowed to perform certain types of hazardous work. In this regard, the Committee notes the Government’s statement that young workers are protected by federal, provincial and territorial occupational health and safety laws in the same way as other workers. The Committee notes that the occupational health and safety regulations of the above provinces require the employers to provide sufficient information, instruction, training and close supervision that is necessary to protect the health and safety of the workers. It also notes that section G4.20.2 of the OHS Guideline of British Columbia and section 26.1 of the Employment Standards Regulation of 2007, require that young workers should be directly supervised by an adult.

The Committee, however, notes the observations made by the CLC that surveys of young people suggest that underage work in Canada is common, in both hazardous and non-hazardous work. There has been a high prevalence of work-related injuries of young workers, mainly in Canada’s agricultural sector, which is evident from the millions of dollars in disability claims paid out to children injured at work. Between 2007 and 2017, the worker’s compensation authority of British Columbia recorded 780 work-related injury claims by children of under 15 years. In Canada, as a whole, in 2016, 7,562 young workers aged 15 to 19 were injured at work, while five young people of that age group were killed while at work. These figures include only reported injuries while the exact number is much higher. The CLC states that agriculture, where underage workers are commonly found, is the most hazardous of any industry and occupation in Canada. The Committee therefore requests the Government to take the necessary measures to ensure that the work performed in the agricultural sector is prohibited to children under 18 years where it is hazardous within the meaning of the Convention. However, where such work is performed in the agricultural sector by young persons between 16 and 18 years of age, the Committee requests the Government to take the necessary measures to ensure that this work is only carried out in accordance with strict conditions, namely that the health and safety of such young persons be protected and that they receive adequate specific instruction or vocational training in the particular type of hazardous work. The Committee requests the Government to provide information on any such measures taken to protect children of 16–18 years working in hazardous occupations in the agricultural sector.

Article 6. Vocational training and apprenticeship. The Committee notes that the federal legislation and the majority of provinces have regulations providing for a minimum age of apprenticeship of 16 years, such as in Northwest Territories (section 12(2) of the Apprenticeship Trade and Occupations Certification Act, 2010); Nunavut (section 11(2) of the Apprenticeship Trade and Occupations Certification Act, 1988); Prince Edward Island (section 9(4)(d) of the Apprenticeship and Trades Qualification Act, 2012); Quebec (section 1(a)(b) of the Act respecting Workforce Vocational Training and Qualification, 2007); and Yukon (section 6(1) of the Apprentice Training Act, 2002). In provinces where no minimum age for apprenticeship is established by regulations, the provincial apprenticeship programmes require a high school diploma certification (high school ends at around ages of 17 and 18 years) as in New Brunswick, Newfoundland and Labrador, Nova Scotia, and Saskatchewan, while apprenticeship programmes in Alberta, British Columbia, Manitoba and Ontario are provided to high school students (aged 15–16).

Article 7(1) and (3). Age for admission to light work and determination of light work. Alberta. The Committee notes that the Employment Standards Act of Alberta under section 65(2) permits children under 15 years of age to be employed. Section 52(1) of the Employment Standards Regulation permits the employment of adolescents (aged 13 or 14 years) in work that is not likely to be injurious to their life, health and education. The Committee also notes that section 52(1) of the Regulations lists certain occupations in which children of 13 or 14 years may be employed, while section 52(3) of the regulations specifies the number of hours and conditions of such employment.

British Columbia. The Committee notes that according to section 9(1) of the Employment Standards Act of British Columbia a child under 15 years of age may be employed with the written consent of the child’s parent or guardian, while as per subsection (2) a child under 12 years may be employed with the Director of Employment Standard’s permission. Section 45.3 of the Employment Standards Regulation regulates the working conditions and number of hours of work permitted to child. The Committee recalls that pursuant to Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons between 13–16 years of age in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to indicate the measures taken or envisaged to regulate the employment of children in light work from the age of 13 years as required by Article 7(1) of the Convention.

Manitoba and Saskatchewan. Section 84(1) of the Employment Standards Code of Manitoba prohibits the employment of a child under 13 years, while section 84.1 permits the employment of young persons under 16 years subject to a work readiness certificate approved by the Director of Employment Standards and signed by the parent. Further, according to section 84.2 young persons under 16 years shall not be employed between 11 p.m. and 6 a.m. and for more than 20 hours during a week of school.

Sections 9.1(2) and 9.3(1) of the Conditions of Employment Regulations of Saskatchewan, prohibit the employment of a youth (defined as persons between 14 and 16 years of age) unless with a written consent of his/her parent and completing a work readiness certificate approved by the Minister. Section 9.2 further restricts the employment of youth during school hours; after 10 p.m. on a day preceding a school day and until the start of the next school day; and for more than 16 hours during a school week.

The Committee requests the Government of Manitoba and Saskatchewan to indicate the measures taken or envisaged to determine the types of light work activities that may be permitted to children from the age of 13 years in Manitoba and for persons of 14 years and above in Saskatchewan as per sections 9.1(2) and 9.2 of the Conditions of Employment Regulations.

New Brunswick, Nova Scotia and Prince Edward Island. Under section 39 of the Employment Standards Act, 1982 of New Brunswick no employer shall employ a young person under the age of 16 years in employment that is harmful to their health, physical and moral development, for more than six hours on any day; for more than three hours on any school day; for more than eight hours combining the school attendance and work; and during 10 p.m. to 6 a.m. Section 40 of the Act further prohibits the employment of children under 14 years in: (a) in any industrial undertaking; (b) in the forest industry; (c) in the construction industry; (d) in a garage or automotive service station; (e) in a hotel or restaurant; (f) in a theatre, dance hall or shooting gallery; (g) as an elevator operator; and (h) in any location or occupation prescribed by regulation. It appears that pursuant to section 40, children under 14 may be permitted to work in employment other than those enumerated above.

According to section 68(1) of the Labour Standards Code of Nova Scotia, children under 14 years of age shall not do work that is or is likely to be harmful to their health and development; or such as to prejudice their attendance at school or capacity to benefit from instruction given. Furthermore, subsection (3) stipulates that children under 14 years shall not be employed: (a) for more than eight hours in any day; (b) for more than three hours on any school day unless an employment certificate authorizing the employment of the child has been issued under the Education Act; (c) on any day for a period that, when added to the time required for attendance at school on that day, totals more than eight hours; (d) between the hour of 10 p.m. of any day and the hour of 6 a.m. of the following day; and (e) in any work or class of work in which the employment of a child under fourteen years of age is prohibited by regulation.

Pursuant to section 6 of the Youth Employment Act of Prince Edward Island, young persons under 16 years of age shall not be employed: (a) between the hours of 11 p.m. and 7 a.m.; (b) during normal school hours except pursuant to a recognized vocational training or apprenticeship programme; or (c) for more than: (i) three hours on any school day, (ii) eight hours on any day other than a school day, and (iii) 40 hours in any week.

The Committee observes that in New Brunswick and Nova Scotia children under 14 years and in Prince Edward Island children under 16 years are permitted to work without specifying a lower minimum age for employment in light work. The Committee therefore requests the Governments of New Brunswick, Nova Scotia and Prince Edward Island to indicate the measures taken or envisaged to establish a minimum age of 13 years for employment in light work as required by Article 7(1) of the Convention.

Newfoundland and Labrador. Section 46(b) of the Labour Standards Act stipulates that children under 16 years shall not work for more than 8 hours a day; for more than three hours on a school day; for more than eight hours combining work and school attendance; between the hours of 10 p.m. of one day and 7 a.m. of the following day; in circumstances that would prevent the child from obtaining a rest period of at least 12 consecutive hours a day; or in occupations that are prescribed as hazardous occupations or undertakings. Section 46(c) further prohibits the employment of children under 14 years unless in prescribed works within prescribed undertakings. The Government indicates that no works have been prescribed so far pursuant to section 46(c).

Northwest Territories, Nunavut and Yukon. The Committee notes that sections 44–46 of the Employment Standards Act of Northwest Territories prohibit the employment of persons under 16 years of age in work other than those that are likely to be detrimental to the health, education or moral character of the young person. Section 47 further states that no employer shall, without the written approval of the Employment Standards Officer, permit or require a youth to work at any time: (a) between the hours of 11 p.m. on one day and 6 a.m. on the next day; or (b) when the youth is required to attend school.

Pursuant to section 13 of the Labour Standards Act and sections 2 and 3 of its Regulations of Nunavut, persons under the age of 17 years are permitted to work in any occupation except in the construction industry and in work that is not detrimental to the child’s health, morals or education.

Furthermore, section 18(6) of the Employment Standards Act of Yukon prohibits the employment of persons under 17 years of age in any occupations prescribed by regulations or contrary to any conditions prescribed by the regulations.

The Committee observes that the provisions under the legislations of Northwest Territories, Nunavut and Yukon do not establish a lower minimum age for light work, regulate the hours and conditions of such work or determine the types of light work activities permitted to children. The Committee requests the Governments of Northwest Territories, Nunavut and Yukon to take the necessary measures to ensure that the minimum age for admission to light work is set at 13 years. It also requests the Governments concerned to determine the types of light work activities that may be permitted for persons of 13 years and above and to determine the number of hours during which, and the conditions in which, such employment may be undertaken, as required under Article 7 of the Convention.

Ontario. Section 4 of the Industrial Establishment Act prohibits the employment of persons under 16 years in logging operations, persons under 15 years of age in a factory other than a logging operation, and persons under 14 in a workplace other than a factory. The Occupational Health and Safety Act provides a wide definition of activities and occupations that falls under the definition of a “factory”. The Committee requests the Government to indicate whether any regulations regulating the hours and conditions of work of young persons from the age of 13 years have been established.

Quebec. The Committee notes that pursuant to section 84.3 of the Act respecting Labour Standards, a child under 14 years of age may be employed with a written consent of the child’s parent or tutor. Section 84.4 stipulates that a child subject to compulsory school attendance shall not be required to work during school hours and section 84.6 prohibits the employment of children between 11 p.m. and 6 a.m. Sections 84.5 and 84.7 requires the employer of a child to schedule the working hours in such a way as to enable the child to attend school and in a way that the child may be at the family residence between 11 p.m. and 6 a.m. The Government report indicates that the term child under sections 84.4 to 84.7 refers to persons under 17 years. The Committee requests the Government to take the necessary measures to ensure that no child under the age of 13 years shall be permitted to be employed in light work. It also requests the Government to take the necessary measures to determine the types of light work activities that may be permitted for persons of 13 years and above.

Article 8. Artistic performances. The Committee notes that in the provinces of Alberta and Manitoba, the Employment Standards Regulation (section 51.2(1)) and the Workers Recruitment and Protection Act, respectively, provide for the employment of children in artistic performances upon permits issued by the Director of Labour Standards and which prescribe the number of hours and conditions of such employment.

Section 45.5 to 45.20 of the Employment Standards Regulation of British Columbia and sections 5 to 20 of the Protecting Child Performers Act of Ontario permit the employment of children in live and recorded industry and contain provisions establishing the permitted hours of work, hours free from work and other conditions ensuring their health and safety. However, there is no requirement concerning the issuing of individual permits for such employment. The Committee notes that there is no information regarding the provisions in the other provinces that regulate the employment of children in artistic performances. The Committee requests the Government to indicate whether the provinces of New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Prince Edward Island, Quebec, Saskatchewan and Yukon have provisions regulating the employment of children under 16 years in artistic performances.

Article 9(1). Penalties and labour inspection. The Committee notes that the federal and the provincial labour standards provide for penalties of fines (ranging from 200–100,000 Canadian dollars (CAD)) for persons, employers or corporations for failure to comply with the provisions of the respective labour standards and for a subsequent offence. Moreover, all the provincial legislations on compulsory education are enforced strictly and any failure to comply with the provisions of compulsory school attendance shall be punished.

The Committee notes the Government’s statement that there are government inspectors and appropriate enforcement mechanisms in all jurisdictions to ensure the effective enforcement of the numerous laws and regulations prohibiting and restricting the employment of children and young persons. In this regard, the Committee notes that federal and provincial labour standards contain provisions authorizing the Director of Employment Standards or the officer appointed by the Director to conduct inspections, inquiries and investigation of workplaces in order to determine whether the Act and its regulations are being complied with. The Committee requests the Government to provide information on the functioning of the labour inspectorate, the number of inspections carried out as well as the number of violations detected with regard to the employment of children and young persons. It also requests the Government to provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that all the provinces except, Prince Edward Island and Quebec, contain provisions in their labour standards legislation that requires the employer to keep and maintain records containing the information, including the name and age or date of birth of the employees employed by him/her. The Committee requests the Governments of Prince Edward Island and Quebec to indicate if any laws or regulations have been adopted requiring employers to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention.

Application of the Convention in practice. The Committee notes the Government’s reference to three judicial decisions taken concerning the employment of children in the provinces of Alberta and in New Brunswick. In Alberta, a judicial decision was taken in 2017 concerning an accident of a 14 year-old boy while employed by a construction company. Several offences, including the contravention of the provisions prohibiting the employment of children under 15 years; failure to keep employment records; failure to ensure the health and safety of the worker, and failure to provide training and competent supervision was charged against the company. The company was made liable to pay a fine of approximately CAD94,000 as a penalty. In New Brunswick, the two cases referred to were in relation to the issuing of work permits to children. In the first case, the Labour and Employment Board confirmed the decision of the Director refusing an application requesting for a work permit for two boys, aged 12 years, in their family undertaking on the grounds that the work and the workplace in question posed a danger to children of that age. In the second case, the Board decided to grant permission to a young person of 15 years and ten months old, to work in the construction industry for 60.5 hours per week for one month during summer holidays after prescribing additional conditions of health and safety.

The Committee further notes from the Labour Force Statistics Table of Canada that as of July 2019, of the 2,003,200 young persons aged 15–19 years, 1,268,600 participated in the labour force, and 1,055,900 were in employment, including paid work or unpaid family work. A high number of employed persons in this age group belonged to Ontario (400,400); Quebec (262,400); British Columbia (137,100) and Alberta (110,300). The Committee requests the Government to continue to provide a general appreciation of the manner in which the Convention is applied in practice. It also requests the Government to continue to provide statistical information on the number of children and young persons under the age of 16 years who are employed in Canada.