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 3 - Children in Live 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 ages 4 to 14 employed in the live entertainment industry. Children under the age of 4 are not covered by this division and cannot be employed without the permission of the director.

Refer to Division 1 in this regulation for information concerning the employment of children generally and Division 2 for children employed in the recorded 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

45.15 (1) In this Division, “live entertainment industry” means the performing arts industry that provides live entertainment in theatre, dance, music, opera or circus.

(2) This Division applies in respect of the employment in the live entertainment industry of children 4 to less than 15 years of age as performers, including background performers and extras, and establishes conditions of employment for those children.

(3) For the purposes of subsection (2), employment in the live entertainment industry is employment at rehearsals and performances associated with the provision of live entertainment.

Exclusions from the Act

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

Limits on daily hours

45.17 (1)Subject to subsections (2) and (3), the employer of a child in the live entertainment industry must not require or allow the child to work more than 8 hours in a day.

(2) The employer of a child in the live entertainment industry may require or allow the child to work up to 12 hours in a day, if the child does not work at a performance on that day.

(3) Subsection (2) applies on no more than 4 days for each production.

(4) The employer of a child in the live entertainment industry must not require or allow the child to report for work earlier than 7:00 a.m. on any day.

(5) The employer of a child in the live entertainment industry must ensure that, on any day, the child’s shift ends no later than 12:30 a.m.

Hours free from work

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

a.     ensure that the child has at least 36 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 36 hour period the child would otherwise be entitled to have free from work.

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

Chaperones

45.19 (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 is and is not working as a performer in the same rehearsal or performance, 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,

iii. is not the child’s employer or tutor or an employee of either, and

iv. is not working as a performer in the same rehearsal or performance, except as a background performer or extra.

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

a.     the child has a chaperone in the work location, and

b.     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

4 years to less than 6 years

6

6 years to less than 10 years

10

10 years to less than 15 years

15

Income protection

45.20 If a child employed in the live entertainment industry earns more than $1 000 in a week, the employer must remit 25% of any earnings over $1 000 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 45.15

This section establishes that ES Regulation Part 7.1 Division 3 – Children in Live Entertainment Industry applies to children ages 4 to 14 who are employed as actors, including background performers and extras, at rehearsals and performances in the live entertainment industry. Section 9(1) of the Act also applies.

Children employed as actors in the recorded entertainment industry are covered by s.9 (1) of the Employment Standards Act and ES Regulation Part 7.1 Division 2 – Children in the Recorded 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 1 – Children Generally.

Section 45.16

Children covered by Division 3 are excluded from the following sections of the Act:

  • 9 (2) to (4) (Hiring children) A person may employ a child covered by Division 3 without the director’s permission, so there is no need to apply for a child employment permit. Children under the age of four are not covered by Division 3, so they cannot be employed without the director’s permission.
  • 36 (Hours free from work) s.45.18 of Division 3 replaces the Act’s requirements by ensuring a child has at least 36 consecutive hours free from work each week, or is paid at the rate of 1 ½ times the regular wage for hours worked during the 36 hour period, and in addition has 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 3, so the employer must obtain the written permission of the child’s parent or guardian before employing a child.

Section 45.17

A child must not be required or allowed to work more than 8 hours on the day of a performance.  A child may be required or allowed to work up to 12 hours on a day without a performance, to a maximum of four days for each production. A child must not be required or allowed to report to work earlier than 7:00 a.m. on any day, and a child’s shift must end no later than 12:30 a.m., subject to the additional requirements in s. 45.18.

Section 45.18

An employer must make sure a child has at least 36 hours free from work each week or pay the child at least 1 ½ times the regular wage for time worked by the child during the time the child would otherwise have been free from work. A child must have at least 12 hours free from work between each shift worked. For example, if a child works until 10 p.m. one night, the child cannot be required to report to work before 10:00 a.m. the following morning. These requirements are in addition to the requirements of s.45.17.

Section 45.19

A “chaperone” for the purposes of this section must be a person who is at least 19 years old.

A child’s parent or guardian may be the chaperone if they are not employed as an actor in the performance (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.

The employer must ensure a child is accompanied by a chaperone while at the work location and that each chaperone is not chaperoning more children than is specified by this subsection.

Section 45.20  

This section only applies when a child earns more than $1,000 in a week.

An employer must remit 25% of a child’s earnings over $1,000 in a week to the Public Guardian and Trustee.

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

Young People in the Recorded Entertainment Industry

Young People in the Live Entertainment Industry