Hiring Children – Hazardous Industry or Hazardous Work - Act Part 2, Section 9.1

Last updated on December 31, 2022

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section prevents children under the age of 16 from being employed in hazardous industries or hazardous work.


Text of Legislation

9.1 (1) In this section:

"hazardous industry" means a prescribed industry that the Lieutenant Governor in Council considers is likely to be harmful to the health, safety or morals of a person under 16 years of age;

"hazardous work" means prescribed work that the Lieutenant Governor in Council considers is likely to be harmful to the health, safety or morals of a person under 16 years of age.

(2) A person must not employ a child

(a) who is under 16 years of age in a hazardous industry or in hazardous work, or

(b) who is at least 16 years of age but under 19 years of age in a hazardous industry or in hazardous work unless the child has attained the prescribed age in respect of the hazardous industry or hazardous work.


Policy Interpretation

Subsection (1)

A "hazardous industry" is an industry that the Lieutenant Governor considers likely to harm the health, safety or morals of a child under 16. Hazardous industries are not currently prescribed in the Employment Standards Regulation.

"Hazardous work" is work that the Lieutenant Governor considers likely to harm the health, safety or morals of a child under 16. Hazardous work is prescribed in Employment Standards Regulation Division 5 - Hazardous Work.

Subsection (2)

Employers cannot hire children under 16 in hazardous industries or to perform hazardous work.

Children 16 or older but under 19 cannot be employed in hazardous industries or to perform hazardous work unless they are old enough to work in that industry or perform that work, as set out in Employment Standards Regulation Division 5 - Hazardous Work.


Related Information

Related sections of the Act or Regulation

ESA

ESR