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 2 - Children in Recorded Entertainment Industry


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This Division of Part 7.1 explains the conditions of employment for children under the age of 15 who are employed in the recorded entertainment industry.
 
Refer to Division 1 in this regulation for information concerning the employment of children generally and Division 3 for children employed in the live entertainment industry.

In addition to the requirements of this section, the Act provides that a person must obtain the written consent of a child’s parent or guardian before employing a child under the age of 15.


Text of Legislation

Definitions and application

45.5 (1) In this Division:

entertainment industry” means

(a) the film, radio, video or television industry, or

(b) the television and radio commercials industry;

recording device” means any device that records sound or images.

(2) This Division applies in respect of the employment in the entertainment industry of children under 15 years of age as actors, including background performers and extras and establishes conditions of employment for those children.

Exclusions from the Act

45.6 Sections 9(2) to (4), 33, 36 and 37 of the Act do not apply to children in respect of whom this Division applies.

Minimum age

45.7 A person must not employ a child in the entertainment industry if the child is less than 15 days old.

Limits on daily hours

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

(2) The employer of a child in the recorded entertainment industry must ensure that, on any day that the employer requires the child to report for work at any location designated by the employer, the child’s shift ends no later than

(a) 8 hours after the child reports for work at that location, if the child is under 12 years of age, or

(b) 10 hours after the child reports for work at that location, if the child is 12 to less than 15 years of age,

unless the employer receives prior written approval from the director.

(3) The employer of a child in the recorded entertainment industry must not require the child to report for work earlier than 5:00a.m. on any day unless the employer receives prior written approval from the director.

(4) The employer of a child in the entertainment industry must ensure that the child’s shift ends no later than the following times unless the employer receives prior written approval from the director

(a) if the child’s school is in session,

(i) 10:00 p.m. if the next day is a school day, and
(ii) 12:30 a.m. if the next day is not a school day;

(b) if the child’s school is not in session, 2:00 a.m.

No split shifts and maximum limit on breaks

45.9 The employer of a child in the recorded entertainment industry

(a) must not require or allow the child to work a split shift; and

(b) must ensure that the child’s meal breaks are not longer than 1 hour each.

Time before recording device and breaks

45.10 If a child employed in the recorded entertainment industry is of an age specified in column 1 of the following table, the employer must ensure that the child

(a) is not before a recording device for longer than the amount of time
specified opposite that age in Column 2 before receiving a break under paragraph (b), and

(b) receives a break, between times spent before a recording device,
that is no less than the amount of time specified opposite that age in Column 3.

Column 1 Age

Column 2 Time before Recording Device

Column 3 Breaks

Less than 3 years of age

15 consecutive minutes

20 consecutive minutes

3 years to less than 6 years of age

30 consecutive minutes

15 consecutive minutes

6 years to less than 12 years of age

45 consecutive minutes

10 consecutive minutes

12 years to less than 15 years of age

60 consecutive minutes

10 consecutive minutes

Hours free from work

45.11 (1) The employer of a child in the entertainment industry must either

(a) ensure that the child has at least 48 consecutive hours free from work each week, or

(b) pay the child 1 ½ times the regular wage for time worked by the child during the 48 hour period the child would otherwise be entitled to have free from work.

(2) The employer of a child in the entertainment industry must ensure that the child has at least 12 consecutive hours free from work

(a) between each shift worked, and

(b) before the child is scheduled to attend school.

Work week

45.12 The employer of a child in the entertainment industry must not require or allow the child to work more than

(a) 5 days in a week, or

(b) if the director approves in writing, 6 days in a week.

Chaperones

45.13 (1) In this section:

“chaperone” means , in relation to a child referred to in this section,

(a) the child’s parent or guardian, if the parent or guardian has reached 19 years of age and is not working as an actor in the production, except as a background performer or extra, or

(b) a person who

(i) has reached 19 years of age,

(ii) is designated chaperone by the child’s parent or guardian, and

(iii) is not the child’s employer or tutor or an employee of either.

(2) The employer of a child in the entertainment industry must ensure that

(a) the child has a chaperone on the production set, and

(b) subject to subsection (3), if the child is of an age specified in Column 1 of the following table, the chaperone under paragraph (a) is not, at the same time, chaperone for more than the number of children specified opposite that age in column 2

Column 1 Age of Child

Column 2 Number of Children per Chaperone

15 days to less than 6 years

1

6 years to less than 12 years

3

12 years to less than 15 years

5

(3) If

(a) the child under subsection (2) is 12 to less than 15 years of age, and

(b) the child’s chaperone is the child’s parent or guardian and is working as a background performer or extra on the same production set,the employer must ensure that the chaperone is not, at the same time, chaperone for more than 2 other children on the production set.

Income protection

45.14 If a child employed in the entertainment industry earns more than $2,000 on a production, the employer must remit 25% of any earnings over $2,000 to the Public Guardian and Trustee to hold in trust for the child.


Policy Interpretation

A determination naming an employer in contravention of any section of this Division will include a mandatory escalating penalty.

Section 45.5

This section establishes that ES Regulation Part 7.1 Division 2 – Children in Recorded Entertainment Industry applies to children under 15 years of age who are employed as actors, including background performers and extras in the recorded entertainment industry.

Children employed as actors, including background performers and extras in the live entertainment industry are covered by s. 9(1) of the Act and ES Regulation Part 7.1 Division 3 – Children in Live Entertainment Industry.

Children employed in the recorded or live entertainment industry, other than as actors, and children employed in other occupations or industries are covered by s.9 of the Employment Standards Act and ES Regulation Part 7.1 Division 2 – Children Generally.

The definitions of “recorded entertainment industry” and “recording device” only apply to Division 2 – Children in Entertainment Industry

Section 45.6

Children covered by Division 2 are excluded from the following sections of the Act:

  • 9 (2) to (4) (Hiring children) A person may employ a child covered by Division 2 without the director’s permission, so there is no need to apply for a child employment permit.
  • 33 (Split shifts) does not apply since s.45.9 of Division 2 specifically prohibits an employer from employing a child to work a split shift.
  • 36 (Hours free from work) is replaced by s.45.11 of Division 2 by ensuring a child has at least 48 consecutive hours free from work each week and 12 consecutive hours free from work between each shift.
  • 37 (Agreements to average hours of work) – An employer may not enter into an agreement to average hours of work with a child whose employment is covered under this Division.
  • Section 9(1) of the Act applies to children employed under Division 2, so the employer must obtain the written permission of a child’s parent or guardian before employing a child.

 Section 45.7

A child must be at least 15 days old before a person can employ the child in the recorded entertainment industry.

Section 45.8

(1) A “school day” 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 or scheduled school breaks.

(2) If the child is under 12 years of age an employer cannot require the child to work longer than 8 hours after reporting to work.

If the child is 12 to 14 years of age an employer cannot require the child to work longer than 10 hours after reporting to work.

Meal breaks are not counted as hours worked when calculating the 8 and 10 hour limits on daily hours.

Before an employer can require or allow a child to work longer than 8 and 10 hours as noted above, the employer must receive prior written approval from the director.

Only in exceptional circumstances would a child be approved to work longer than the daily limits required by this section.

(3) An employer must ensure that a child is not required to report to work before 5:00 a.m. on any day of the week unless the employer receives prior written approval from the director.

Only in exceptional circumstances would a child be approved to work before 5:00 a.m.

(4) When a child’s school is in session, an employer must ensure the child’s shift ends no later than 10:00 p.m. if the next day is a school day and 12:30 a.m. if the next day is not a school day.

When a child’s school is not in session, an employer must ensure a child’s shift ends no later than 2:00 a.m.

If the employer needs a child to work after the times provided for in this subsection the employer must receive prior written approval from the director.

Only in exceptional circumstances would the director approve a child to work later than the shift ending times stipulated by this section.

Section 45.9
 
This section provides that a child must not work a split shift, and requires an employer to limit a child’s meal break to a maximum of one hour. This prevents the employer from requiring the child to be at the workplace unless the child is working.

Section 45.10

This section requires an employer to ensure the time a child spends before a recording device does not exceed the maximum specified.

This section also requires an employer to ensure the break time a child receives between times spent before a recording device is not less than the minimum specified.

The maximum amount of time allowed before a recording device and the minimum break time between times spent before a recording device are dependent on the age of the child.

Section 45.11

(1) An employer must ensure a child receives at least 48 consecutive hours away from work each week.

If a child does not have 48 consecutive hours free from work each week the employer must pay the child 1.5 times the regular rate of pay for time worked during a 48-hour period sometime during the week.

(2) An employer must ensure a child receives at least 12 consecutive hours free from work between each shift worked.

An employer must ensure that a child receives at least 12 consecutive hours free from work before the child is scheduled to attend school.

Section 45.12
 
An employer must ensure that a child does not work more than 5 days in a week.

For purposes of this section, under Part 1, Definitions, “week” means a period of 7 consecutive days beginning on any day.

Before the employer can require or allow a child to work longer than 5 days in a week, the employer must receive prior written approval from the director. The director cannot authorize an employer to require a child to work for more than six consecutive days.

Section 45.13

(1) A “chaperone” for the purposes of this section means a person who is at least 19 years old.

The child’s parent or guardian may be the chaperone if they are not employed as an actor in the production (except as a background performer or extra).

The child’s parent or guardian may designate another person to be the chaperone as long as the person is not the child’s employer or tutor or an employee of either, and is not employed as an actor in the performance, except as a background performer or extra.

(2) The employer must ensure a child is accompanied by a chaperone when the child is on the production set.

The employer must ensure that each “chaperone” is not chaperoning more children than specified by this subsection.

An employer must ensure that a person who is designated as a chaperone by the child’s parent or guardian and is not the child’s employer or tutor or employee of either does not chaperone more than the total number of children specified.

(3) In addition to the requirements in subsection (2), an employer must ensure that a chaperone of a child age 12 to 14 who is also the child’s parent or guardian and employed as a background performer or extra on the same production set as the child does not at the same time chaperone more than 2 other children on the production set.

45.14

This section only applies when a child earns more than $2,000 on a production.

An employer must ensure the Public Guardian and Trustee receives 25% of a child’s earnings above $2,000 on a production.

Public Guardian and Trustee website: http://www.trustee.bc.ca


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other

See Employment Standards Factsheets

Factsheets

Public Guardian and Trustee

General Employment of Young People

Employment of Young People in Live Entertainment