Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7.1 - CONDITIONS OF EMPLOYMENT FOR CHILDREN

ESR Part 7.1 - Division 1 - Children Generally


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This Division of Part 7.1 establishes conditions of employment applicable to the employment of children 12 to less than 15 years of age, as required by section 9 of the Act.

Refer to Division 2 in this regulation concerning the employment of children in the entertainment industry.

Note: Under s.9(1) of the Act:

“A person must not employ a child under 15 years of age unless the person has obtained the written consent of the child’s parent or guardian”.


Text of Legislation

Application

45.1 This Division establishes conditions of employment for children 12 to less than 15 years of age but does not apply in respect of the employment of those children to whom Division 2 or 3 applies.

Exclusions from the Act

45.2 Section 37 of the Act does not apply to children in respect of whom this Division applies.

Limits on working hours

45.3 (1) In this section “school day” means, in relation to a child, a day on which the child’s school is in session.

(2) An employer of a child must not require or allow the child to work on a school day at a time when the child is scheduled to attend.

(3) An employer of a child must not require or allow the child to work

(a) more than 4 hours on a school day,

(b) more than 7 hours on a day that is not a school day, unless the employer receives prior written approval from the director,

(c) more than 20 hours in a week that has 5 school days, and

(d) in any case more than 35 hours in a week.

Adult supervision required

45.4 An employer of a child must ensure that the child works only under the direct and immediate supervision of a person who has reached 19 years of age.


Policy Interpretation

A determination naming an employer in contravention of any section of this Division will include a mandatory escalating penalty, subject to s.98 of the Act.

45.1

This section establishes ES Regulation Part 7.1 Division 1-Children Generally applies to children 12 to less than15 years of age.

This Division does not apply to children covered by Division 2 of Part 7.1, specifically those children who are employed as actors, including background performers and extras in the entertainment industry.

45.2

Children covered by Division 1 are excluded from section 37 (Agreements to average hours of work) in the Act.

An employer cannot enter into an agreement to average hours of work with a child whose employment is covered under this Division.

45.3

(1) A “school day” in session includes any day a school is in session including work study and work experience programs, examinations, or other learning activities. A “school day” does not include non- instructional days or teachers’ “professional days”, weekends, and scheduled school breaks.

(2) An employer must ensure that a child is not required or allowed to work at the same time the child is scheduled to attend school. A child’s school attendance always takes precedence over any period of employment.

(3) An employer must ensure that a child is not required or allowed to work more than 4 hours on a school day and more than 20 hours in a week that has 5 school days.
An employer must ensure that when a week has less than 5 school days a child is not required or allowed to work more than 35 hours in the week.
An employer must not employ a child more than 7 hours a day on a non school day without first requesting and receiving written approval from the director.

An employer must ensure that when a week has less than 5 school days a child is not required or allowed to work more than 35 hours in the week.

An employer must not employ a child more than 7 hours a day on a non school day without first requesting and receiving written approval from the director.

45.4

The employer must ensure that a child only works when under the direct and immediate supervision of a person at least 19 years of age.

The employer must ensure that the explanation of what work is to be completed, how it is to be done and the monitoring of the child at all times while at the work place is the responsibility of a person of at least 19 years of age.


Related Information

Related sections of the Act or Regulation

ESA

ESR