Light Work - Regulation Part 7.1, Division 4


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This Division of Part 7.1 describes different types of work.


Text of Legislation

Exclusion

45.21 Section 9 (2) (a) and (b) (ii) [hiring children – under 16 years of age] of the Act does not apply in respect of a child 12 to less than 16 years of age if

(a) the employer does not require or allow the child to perform work listed in section 45.24 [work and occupations that are not “light work”] of this regulation,

(b) any of the following circumstances apply:

(i) a member of the child’s immediate family is a controlling shareholder, sole proprietor or partner of the business or farm that employs the child;

(ii) the child is employed, in relation to a sports or recreational activity for children less than 16 years of age, as a camp assistant, assistant coach, referee or umpire.

Prescribed work

45.22 Subject to section 45.24 [work and occupations that are not “light work”], for the purposes of the definition of “light work” in section 9 (1) of the Act, the following work is prescribed:

(a) administrative and secretarial work;

(b) the following work at premises selling, or providing, goods or services to customers:

(i) assembling, sorting and packaging orders;

(ii) bagging and carrying customers’ orders;

(iii) laying out displays;

(iv) price marking, labelling and tagging goods;

(v) stocking shelves;

(vi) unpacking, counting, recording, packing and weighing goods;

(c) the following work at premises preparing, selling or serving food or beverages:

(i) preparing food;

(ii) busing tables;

(iii) dishwashing;

(iv) hosting duties;

(v) setting up and taking down tables, chairs, trays, dishes, beverage dispensers and other dining room or buffet equipment, furniture and supplies;

(d) setting up, taking down, retrieving and storing sports and recreation equipment;

(e) child care;

(f) cleaning and tidying;

(g) laundry and ironing;

(h) the following yard and maintenance work:

(i) clearing leaves;

(ii) clearing snow;

(iii) cutting grass;

(i) painting, other than spray painting;

(j) repairing items;

(k) gardening;

(l) gathering and hand harvesting;

(m) work related to the care of domesticated animals;

(n) packing, moving and unpacking household goods;

(o) delivering goods;

(p) troubleshooting user issues with technology.

Prescribed occupations

45.23 Subject to section 45.24, for the purposes of the definition of “light work” in section 9 (1) of the Act the following occupations are prescribed:

(a) cashier;

(b) sports or recreational coach or assistant coach;

(c) computer programmer;

(d) golf caddy;

(e) sports or recreational instructor;

(f) lifeguard or assistant lifeguard;

(g) peer counsellor;

(h) performing artist;

(i) salesperson, other than a door-to-door salesperson;

(j) recreation or community program attendant;

(k) summer or day camp leader, counsellor, assistant or attendant;

(l) messenger or courier;

(m) referee or umpire;

(n) server of food or drink or both;

(o) tutor or instructor;

(p) visual artist or graphic designer;

(q) writer, editor or similar occupation in communication.

Work and occupations that are not “light work”

45.24 If work or an occupation involves the following it is not light work:

(a) repairing, maintaining or operating machinery, tools or other equipment that could harm the health or development of a child who is 14 or 15 years of age;

(b) entering or working at a place in which a minor is not legally permitted to enter or work;

(c) entering or working at a site of construction, heavy manufacturing, heavy industrial work or other work that could harm the health or development of a child who is 14 or 15 years of age;

(d) entering or working in a unit or space designed to retain an oxygen-deficient or toxic atmosphere;

(e) entering a walk-in freezer or cooler other than to retrieve an item;

(f) handling, preparing, selling, serving or otherwise being in contact with, or being exposed to, a good or service that a minor cannot legally distribute, purchase, use or consume;

(g) lifting, carrying or moving an item or animal, if doing so puts the child at risk of a musculoskeletal injury;

(h) using, handling, applying or being exposed to a hazardous substance, as defined in section 13 of the Workers Compensation Act.


Related Information

Related sections of the Act or Regulation

ESA