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Legal Restrictions on Employing Young Workers – Know The Laws Of Your Province

Companies that hire or allow students and other young workers to perform work must comply with the special requirements governing the employment of persons under 18 years of age. Such rules are typically contained in the province or territory’s:

  • Employment or labour standards laws.
  • Occupational health and safety (OHS) laws.
  • In some jurisdictions, including Prince Edward Island and Nunavut, separate laws that specifically address youth employment.

While the specific rules vary by jurisdiction, they typically include:

  • A general rule banning employment for work that may be reasonably expected to harm a young person’s health, safety, or general welfare.
  • Employment standards restrictions on the number of hours and windows during which young workers are allowed to work, especially when school is in session.
  • Safety-based restrictions that bar individuals of certain ages from working in dangerous occupations like construction or mining and/or limiting them to the specific work or jobs expressly listed in the regulations.
  • The requirement that the employer get written consent from the young worker’s parent or guardian and, in some cases, approval from the government.
  • In Manitoba and Saskatchewan, young workers must provide the employer a written certificate of having completed work readiness course.

British Columbia has the most detailed and stringent young worker laws of any jurisdiction; Yukon has the least restrictive rules. Here’s a breakdown of the requirements in each part of Canada so you’ll be prepared to comply no matter where in the country you operate.  

  1. An employer may employ a person under age 18 years in any office or plant, in any transportation, communication, maintenance or repair service, or in any construction work or other employment in a federal work, undertaking or business if:
    1. the person isn’t required, under the law of the province in which they’re ordinarily resident, to be in attendance at school; and
    2. the work:
      1. isn’t carried on underground in a mine,
      2. wouldn’t cause them to be employed in or enter a place they’re banned from entering under the Explosives Regulations, 2013,
  1. isn’t work that they’re banned from doing under the Canada Shipping Act, 2001due to their age, and
  2. isn’t likely to be injurious to their health or to endanger their safety (Canada Labour Standards Regs, Sec. 10(1)).
  1. An employer may not cause or permit an employee under age 18 to work between 11 p.m. on one day and 6 a.m. the following day (Canada Labour Standards Regs, Sec. 10(2)).
  1. An employer must not allow a worker under age 18 to use or be involved in the use of ionizing designated radiation equipment or an ionizing radiation source except where:
    1. the worker is a student undergoing a course of instruction involving the use of such equipment or source, and
    2. the use forms part of that course and is conducted under the direct supervision of a competent worker (OHS Code, Sec. 291.6(2)).
  2. No person may, during normal school hours, employ, or permit to work on the person’s premises, an individual who is required to attend school under the Education Act, unless the individual is enrolled in an off‑campus education program provided under the Education Act (Employment Standards Code (ESC), Sec. 65(1)).
  3. No individual under 15 years old may be employed without the written consent of the individual’s parent or guardian and the approval of the Director, unless the regulations are complied with and unless the individual is enrolled in an off‑campus education program provided under the Education Act (ESC, Sec. 65(2)).

Employment of “Adolescents” (ages 13 or 14)

  1. An employer may employ an adolescent without a permit outside of normal school hours if:
    1. the adolescent is employed as a
      1. delivery person of small wares for a retail store,
      2. clerk or messenger in an office,
  • clerk in a retail store,
  1. food service employee in a restaurant or other establishment where food is prepared and served or sold,
  2. janitorial assistant or office cleaner,
  3. coach for a recreational athletic club or association,
  • tutor,
  • delivery person for the distribution of newspapers, flyers, or handbills, or
  1. worker in an occupation approved by the Director,
  1. the employment is not or is not likely to be injurious to the life, health, education or welfare of the adolescent, and
  2. a parent or guardian of the adolescent gives the prospective employer written consent to the employment (Employment Standards Regs, Sec. 52(1)).
  1. An employer that employs an adolescent as a food service employee must ensure that the adolescent works with and is in the continuous presence of at least one other employee 18 years old or older or, if the employer is an individual, the employer (Employment Standards Regs, Sec. 52(1.1)).
  2. No employer may employ an adolescent:
    1. for longer than 2 hours outside of normal school hours on a day during which the adolescent is required to attend school, or
    2. for longer than 8 hours on a day during which the adolescent is not required to attend school (Employment Standards Regs, Sec. 52(3)).
  3. During the period of time from 9:00 p.m. to the following 6:00 a.m., no employer may employ an adolescent and no adolescent may work in any employment (Employment Standards Regs, Sec. 52(4)).

Employment of “Young Persons” (ages 15, 16, or 17)

  1. During the period from 9:00 p.m. to the following 12:01 a.m., no employer may employ a young person and no young person may work in any employment on or in connection with any of the following premises unless the young person works with and is in the continuous presence of at least one other individual 18 years old or older:
    1. the premises of any retail business selling food or beverages, whether alcoholic or not, or any other commodities, goods, wares or merchandise;
    2. the premises of a retail business in which gasoline, diesel fuel, propane or any other product of petroleum or natural gas is sold;
    3. a hotel, motel or other place that provides overnight accommodation to the public (Employment Standards Regs, Sec. 53(1)).
  2. During the period from 12:01 a.m. to the following 6:00 a.m., no employer may employ a young person and no young person may work, in any employment on or in connection with any of the premises specified in Item #8 above (Employment Standards Regs, Sec. 53(2)).
  3. For employment of young persons on premises not specified in Item 8 during the period from 12:01 a.m. to the following 6:00 a.m., no employer may employ a young person and no young person may work in any employment unless:
    1. a parent or guardian of the young person gives the prospective employer written consent to the employment, and
    2. during the employment the young person works with and is in the continuous presence of at least one individual 18 years old or older (Employment Standards Regs, Sec. 53(3)).

Employment Conditions

  1. The Director may impose conditions on the employment of an individual under 18 years old whenever the Director considers it necessary to do so, including imposing conditions with respect to any permit (Employment Standards Regs, Sec. 54(1)).
  2. The employer or individual under 18 years old must comply with the Director’s conditions (Employment Standards Regs, Sec. 54(2)).

Employment Standards

  1. It’s illegal to employ a child under age 14 without the director's permission (Employment Standards Act (ESA), Sec. 9(2)(a))
  2. It’s okay to hire children ages 14 or 15:
    1. to perform light work without the written consent of the child's parent or guardian, or
    2. to perform any other work with the director's permission (ESA, Sec. 9(2)(b)).
  3. For purposes of the above, “light work” means prescribed work or a prescribed occupation that’s unlikely to be harmful to the health or development of a child (ESA, Sec. 9(1)).
  4. “Light work” prescribed work includes:
    1. administrative and secretarial work;
    2. the following work at premises selling, or providing, goods or services to customers:
      1. assembling, sorting and packaging orders;
      2. bagging and carrying customers' orders;
  • laying out displays;
  1. price marking, labelling, and tagging goods;
  2. stocking shelves;
  3. unpacking, counting, recording, packing and weighing goods;
  1. the following work at premises preparing, selling or serving food or beverages:
    1. preparing food;
    2. busing tables;
  • dishwashing;
  1. hosting duties;
  2. setting up and taking down tables, chairs, trays, dishes, beverage dispensers, and other dining room or buffet equipment, furniture, and supplies;
  1. setting up, taking down, retrieving, and storing sports and recreation equipment;
  2. child care;
  3. cleaning and tidying;
  4. laundry and ironing;
  5. the following yard and maintenance work:
    1. clearing leaves;
    2. clearing snow;
  • cutting grass;
  1. painting, other than spray painting;
  2. repairing items;
  3. gardening;
  4. gathering and hand harvesting;
  5. work related to the care of domesticated animals;
  6. packing, moving, and unpacking household goods;
  7. delivering goods; and
  8. troubleshooting user issues with technology (Employment Standards Reg, Sec. 45.22).
  1. “Light work” prescribed occupations include:
    1. cashier;
    2. computer programmer;
    3. golf caddy;
    4. lifeguard or assistant lifeguard;
    5. messenger or courier;
    6. peer counsellor;
    7. performing artist;
    8. recreation or community program attendant;
    9. referee or umpire;
    10. salesperson, other than a door-to-door salesperson;
    11. server of food or drink or both;
    12. sports or recreational coach or assistant coach;
    13. sports or recreational instructor;
    14. summer or day camp leader, counsellor, assistant, or attendant;
    15. tutor or instructor;
    16. visual artist or graphic designer;
    17. writer, editor, or similar occupation in communication (Employment Standards Reg, Sec. 45.23).
  2. Work and occupations that are not light work include:
    1. repairing, maintaining, or operating machinery, tools, or other equipment that could harm the health or development of a child age 14 or 15;
    2. entering or working at a place in which a minor isn’t legally permitted to enter or work;
    3. 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 age 14 or 15;
    4. handling, preparing, selling, serving, or otherwise being in contact with, or being exposed to, a good or service that a minor can’t legally distribute, purchase, use, or consume;
    5. lifting, carrying, or moving an item or animal, if doing so puts the child at risk of a musculoskeletal injury; and
    6. using, handling, applying. or being exposed to a hazardous substance (Employment Standards Reg, Sec. 45.24).
  3. It’s illegal to employ a child:
    1. who’s under age 16 in a hazardous industry or in hazardous work, or
    2. who’s 16, 17, or 18 but under age 19 in a hazardous industry or in hazardous work unless the child attains the prescribed age for that hazardous industry or hazardous work (ESA, Sec. 9.1(2)).
  4. “Hazardous work” means (except where carried out by an apprentice or trainee):
    1. construction work;
    2. the following work in the forest industry:
      1. tree falling and logging;
      2. carrying out silviculture activities;
    3. forest firefighter work;
    4. work, other than work as an actor or performer, done at a place that requires the use of a fall protection system under OHS regulations;
    5. the operation of a chainsaw;
    6. the following work in a production process in a processing facility that processes fish, poultry, or other animal:
      1. killing or scalding animals;
      2. moving an animal, other than fish or poultry, from a holding pen to a location in which the animal will be killed;
  • operating machinery used for processing, including canning machinery, but not including other machinery used for packaging, scales, or meat slicers;
  1. operating a loader crane;
  1. the following work in the oil and gas industry:
    1. drilling;
    2. well servicing;
  2. power line construction work or maintenance work that involves potential electrical hazards;
  3. work in a production process at a paper mill or pulp mill;
  4. work in a production process at a wood processing facility, including a shake mill, shingle mill or sawmill;
  5. work in a production process at a foundry, metal processing, or metal fabrication operation, refinery, or smelter;
  6. work in a confined space other than entering a walk-in freezer or cooler to place or retrieve an item;
  7. work in an underground working;
  8. work that involves exposure to ionizing radiation that exceeds the exposure limits set in the OHS regulations;
  9. work in a silica process;
  10. work in which a worker is or may be exposed to potentially harmful levels of RCS dust;
  11. work in relation to asbestos that constitutes a moderate risk work activity or high risk work activity under the OHS regulations;
  12. work in which a worker is or might be exposed to an air contaminant that exceeds the limits set out in the OHS regulations (Employment Standards Reg, Sec. 45.25).
  1. A worker must be at least age 19 to be assigned to work alone or in isolation in late night retail premises where there’s any risk of harm from a violent act to the worker (OHS Regs, Sec. 4.22.1(2.2)(g)).
  2. Employer must ensure that a worker or applicator who mixes, loads or applies a moderately or very toxic pesticide for use in a workplace or who cleans or maintains equipment used in the operations is at least 16 years of age and holds a valid pesticide applicator certificate (OHS Regs, Sec. 6.77(1)).
  1. It’s illegal to employ a child under the age of 13 years (Employment Standards Code (ESC), Sec. 84(1)).
  2. It’s illegal to employ a young person under the age of 16 years unless the young person provides the employer a work readiness certificate that:
    1. certifies that the young person has completed a work readiness course approved by the director; and
    2. includes a signed consent of the young person's parent to the employment (ESC, Sec. 84.1).
  3. It’s illegal to employ a young person under the age of 16:
    1. between 11:00 p.m. and 6:00 a.m.; or
    2. for more than 20 hours during a week of school (ESC, Sec. 84.2).
  4. It’s illegal to require or allow a young person under the age of 18 to work alone between 11:00 p.m. and 6:00 a.m. (ESC, Sec. 84.3(1)).
  5. It’s illegal to require or allow a young person under age 18 to work in prescribed industry or occupation (ESC, Sec. 84.3(2)).
  6. These are the prescribed industries or occupations that a young person can’t be employed in set out in the regulations (Employment Standards Reg, Sec. 25(1)).
Age Industry or occupation in which a young person must not be employed
under 14 in food preparation, if the work involves the use of dangerous tools or machinery
under 16 on a construction site

in an industrial or manufacturing production process

in work involving scaffolding or swing stages

in work involving the use of a ladder or substitute at heights greater than 1.5 metres

in work on a drilling or servicing rig

in arboriculture, if the work involves the use of dangerous tools or machinery

in work involving the handling or use of herbicides or pesticides

under 18 the forestry industry

an occupation in a sawmill or pulp mill

an occupation involving work in an underground mine or on the face of an open pit quarry

an occupation involving the abatement or removal of asbestos

an occupation involving work in an enclosed or partially enclosed space that

(i) except for the purpose of performing work, is not primarily designed or intended for human occupancy, and

(ii) has restricted means of access or egress

  1. Exception: A young person who’s at least 16 years of age is exempt from the above age-based exclusions set out in Item #6 if they’re a party to an apprenticeship agreement registered under The Apprenticeship and Certification Actand the work they perform is done under that agreement (Employment Standards Reg, Sec. 25(2)).
  2. An employer must not require or allow a young person under age 16 to perform work unless the young person is directly supervised by an adult in or at the same workplace as the young person (Employment Standards Reg, Sec. 26.1).
  3. An employer must not require or permit a worker to operate and a worker must not operate a mine hoist unless the worker is 18 years of age or more (WSH Operation of Mine Regs, Sec. 26.1(1)(a)).
  1. No employer may employ a person under age 16:
    1. in employment that is or likely to be unwholesome or harmful to the person’s health, welfare, or moral or physical development;
    2. for more than six hours in any day;
    3. for more than three hours on any school day;
    4. on any day for a period which, when added to the time required for attendance at school on that day, would require the person to spend more than a total of eight hours attending school and working;
    5. between ten o’clock in the afternoon of any day and six o’clock in the forenoon of the following day (Employment Standards Act (ESA), Sec. 39).
  2. No employer may employ a person under age 14:
    1. in any industrial undertaking;
    2. in the forest industry;
    3. in the construction industry;
    4. in a garage or automotive service station;
    5. in a hotel or restaurant;
    6. in a theatre, dance hall or shooting gallery;
    7. as an elevator operator;
    8. in any location or occupation prescribed by regulation (ESA, Sec. 40).
  3. Exception: The Director may, on application, issue a permit allowing the employment of a person where the Director is satisfied on reasonable grounds that the employment of the person:
    1. won’t violate Section 39(a) of the OHS Act;
    2. won’t prejudice the person’s attendance at school or the person’s capacity to benefit from instruction at school; and
    3. has been assented to by the person’s guardian (ESA, Sec. 41(a)).
  4. An employer shall ensure that no person operates a hoist at a mine unless they’ve attained the age of 19 years (Underground Mine Reg, Sec. 239(1)).
  1. “Child” is defined as a person under age 16 (Labour Standards Act (LSA), Sec. 45).
  2. An employer may not:
    1. employ a child to do work that is or is likely to be unwholesome or harmful to the child's health or normal development, or prejudicial to the child's attendance at school or to the child's capacity to benefit from instruction given at school;
    2. employ a child to work:
      1. for more than 8 hours a day,
      2. for more than 3 hours on a school day unless a certificate covering that day has been issued under theSchool Attendance Act,
  • on a day for a period that, when added to the time required for attendance at school on that day, totals more than 8 hours,
  1. between the hours of 10 p.m. of 1 day and 7 a.m. of the following day,
  2. in circumstances that would prevent the child from obtaining a rest period of at least 12 consecutive hours a day, or
  3. occupations that are prescribed as hazardous occupations or undertakings;
  1. employ a child under age 14 unless the work is prescribed work within prescribed undertakings; or
  2. employ a child while a strike by employees or a lockout of employees by the employer is in progress (LSA, Sec. 46).
  1. A person must, before entering upon a contract of service with a child, obtain the written consent of the parent or guardian of that child, which must be kept by the employer as part of the record of the employment of the child, and the age of the child must be specified in the written consent (LSA, Sec. 48(1)).
  2. Section 47 of the LSA gives the government authority to establish regulations specifying the kind of work or occupations a child can’t be engaged in but no such regulations have been published.
  3. Persons under age 18 may not be employed in a silica process nor in cleaning or maintenance work likely to involve exposure to silica dust except work that’s a recognized part of apprenticeship or comparable course of training (OHS Regulations, Sec. 46(11)).
  1. It’s illegal to pay wages to a child under age 14 to do work that is or is likely to be:
    1. unwholesome or harmful to the child’s health or normal development; or
    2. such as to prejudice the child’s attendance at school or capacity to benefit from instruction there given (Labour Standards Code (LSC), Sec. 68(1)).
  2. It’s illegal to employ a child under age 16 in work of any kind in:
    1. an industrial undertaking,” defined as including mines, quarries, and other works for the extraction of minerals from the earth, undertakings in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including ship building and the generation, transformation, transmission, and distribution of electricity or motive power of any kind, and undertakings in the construction industry;
    2. the forest industry;
    3. garages and automobile service stations;
    4. hotels;
    5. restaurants, except where an employee is not operating cooking equipment and where safety training on all equipment and adequate supervision is provided and the person is at least 14 years of age;
    6. the operating of elevators;
    7. theatres, dance halls, shooting galleries, bowling-alleys, billiard and pool rooms;
    8. work or class of work in which the employment of a child under 16 is prohibited by regulation (LSC, Sec. 68(2)).
  3. It’s illegal to employ a child under 14 years of age to work:
    1. for more than eight hours in any day;
    2. for more than three hours on any school day unless an employment certificate authorizing the employment of the child has been issued under the Education Act;
    3. on any day for a period that, when added to the time required for attendance at school on that day, totals more than eight hours;
    4. between the hour of ten o'clock in the afternoon of any day and the hour of six o'clock in the forenoon of the following day;
    5. in any work or class of work in which the employment of a child under 14 years of age is prohibited by regulation (LSC, Sec. 68(3)).
  1. “Youth” defined as a person age 16 or younger.
  1. An employer must ensure that a youth is not employed or required to work:
  1. on a construction site;
  2. in a production process at a pulp mill, saw mill, or woodworking establishment;
  3. in a production process at a smelter, foundry, refinery, or metal processing or fabricating operation;
  4. in a confined space;
  5. in a forestry or logging operation;
  6. as an operator of powered mobile equipment, a crane, or hoist;
  1. where exposure to a chemical or biological substance is likely to endanger the youth’s health or safety;
  2. in power line construction or maintenance; or
  3. in any prescribed occupation, including “domestic worker” (which the Regulations define as “a worker employed in domestic work in a private residence in which the worker’s employer ordinarily resides, but doesn’t include a sitter who provides care or supervision to children on an occasional or short-term basis”) (Employment Standards Act (ESA), Sec. 44); (OHS Regulations, Sec. 14(1)).
  1. An employer must ensure that an individual under 18 years of age is not required or permitted to work:
  2. as an “occupational worker”, i.e., a worker who is exposed to radiation, and who is likely to receive radiation exposure in excess of exposure levels or dose limits that are specified for members of the public;
  1. in an asbestos process;
  2. in a silica process; or
  3. in an activity requiring the use of an atmosphere-supplying respirator (OHS Regulations, Sec. 14(2)).
  1. The Employment Standards Officer may request an employer to provide evidence that the employment of a youth is not likely to be detrimental to the youth’s health, education, or moral character (ESA, Sec. 46(1)).
  1. No employer may, without the written approval of the Employment Standards Officer, permit or require a youth to work at any time:
  1. between the hours of 11 p.m. on one day and 6 a.m. on the next day; or
  2. when the youth is required to attend school, except when he or she is engaged in a work program that is part of his or her school curriculum (ESA, Sec. 47).
  1. “Young person” defined as a person under age 17 (Employment of Young Persons Regs, Sec. 1).
  1. “Construction industry” defined as “an industry in which persons are employed for the purpose of clearing brush and trees or constructing, reconstructing, repairing, altering or demolishing any building, harbour, dock, pier, road, tunnel, bridge, viaduct, sewer, drain, well, telegraphic, or telephonic installation, electrical undertaking, gaswork, pipeline, waterway, or other work of construction including the preparation for or the laying of the foundations of any such work or structure” (Employment of Young Persons Regs, Sec. 1).
  1. No person may employ a young person in any construction industry unless the employer first obtains the approval in writing of the Labour Standards Officer (Employment of Young Persons Regs, Sec. 2).
  1. Where an employer employs a young person in any job or occupation, the employment is subject to the condition that the employer is, on request, able to satisfy the Labour Standards Officer that the employment of the young person is not liable to be detrimental to the health, education or moral character of the young person (Employment of Young Persons Regs, Sec. 3).
  1. No employer may permit or require a young person to work at any time between the hours of 11 p.m. on one day and 6 a.m. on the next day unless he or she first obtains the approval in writing of the Labour Standards Officer (Employment of Young Persons Regs, Sec. 4).
  1. An employer must ensure that an individual under age 16 is not employed or required to work:
  1. on a construction site;
  2. in a production process at a pulp mill, saw mill, or woodworking establishment;
  3. in a production process at a smelter, foundry, refinery, or metal processing or fabricating operation;
  4. in a confined space;
  5. in a forestry or logging operation;
  6. as an operator of powered mobile equipment, a crane, or hoist;
  7. where exposure to a chemical or biological substance is likely to endanger the person’s health or safety; or
  8. in power line construction or maintenance (OHS Regulations, Sec. 14(1)).
  1. An employer must ensure that an individual under 18 years of age is not required or permitted to work:
  1. as an “occupational worker”, i.e., a worker who is exposed to radiation, and who is likely to receive radiation exposure in excess of exposure levels or dose limits that are specified for members of the public;
  1. in an asbestos process;
  2. in a silica process; or
  3. in an activity requiring the use of an atmosphere-supplying respirator (OHS Regulations, Sec. 14(2)).
  1. At a construction project, no person younger than 16 years of age may be:
    1. employed in or about the workplace; or
    2. permitted to be present in or about the workplace while work is performed (OHS Construction Project Regs, Sec. 16).
  2. A shaft attendant for a shaft where a hoist is being used for a construction project must be at least age 19 (OHS Construction Project Regs, Sec. 295(2)).
  3. A worker must be at least the following minimum age to be employed as a worker or to be permitted to be in or about an industrial establishment:
    1. 16 in a logging operation;
    2. 15 in a factory other than a logging operation; and
    3. 14 in a workplace other than a factory (OHS Industrial Establishments Regs, 4(1)).
  4. A worker who’s younger than the above minimum ages may be permitted in or about an industrial establishment if the person:
    1. is accompanied by a person who’s attained the age of majority while in the industrial establishment,
    2. is being guided on a tour of the industrial establishment;
    3. is in an area of the industrial establishment used for sales purposes; or
    4. is in an area of the industrial establishment to which the public generally has access (OHS Industrial Establishments Regs, 4(2)).
  5. Clauses (b) and (c) of Item #3 above don’t apply to a worker who works as a performer in the entertainment and advertising industry (OHS Industrial Establishments Regs, 4(3)).
  6. The minimum age of a worker or person who’s permitted to be in or about a mine or mining plant is:
    1. 16 at a mining plant or a surface mine, excluding the working face; and
    2. 18 at an underground mine or at the working face of a surface mine (OHS Mine & Mining Plants Regs, Sec. 8(1)).
  7. Item #6 above doesn’t ban tours of, or visits to, a mine or mining plant by persons under the prescribed ages who are accompanied by and under the direction of a guide (OHS Mine & Mining Plants Regs, Sec. 8(2)).
  8. A person must be over age 18 to operate, or be permitted to operate, a hoist at a mine or mining plant (OHS Mine & Mining Plants Regs, Sec. 238(1)(b)).
  9. The minimum age of a worker who performs oil and gas work offshore on or from a rig is 18 (OHS Oil & Gas Offshore Reg, Sec. 4).
  10. The minimum age of a person who engages in window cleaning is 18 (OHS Window Cleaning Reg, Sec. 8).
  1. No employer may employ a person under age 16 in employment that is or is likely to be harmful to the person’s health or safety, or moral or physical development of the young person (Youth Employment Act (YEA), Sec. 4).
  2. No employer may employ a person under age 16 in construction (YEA, Sec. 5).
  3. No employer may employ a person under age 16:
  4. between the hours of 11:00 p.m. and 7:00 a.m.;
  5. during normal school hours except in accordance with a recognized vocational training or apprenticeship program; or
  6. for more than:

(i) three hours on any school day,

(ii) eight hours on any day other than a school day,

(iii) 40 hours in any week (YEA, Sec. 6(1)).

  1. Exception: A government inspector may, upon application, exempt the employment of any young person from Item #3 above under certain conditions including when the inspector receives a written document from the worker’s parent or guardian consenting to the employment (YEA, Sec. 6(2)).
  2. The Director, the inspector, and any OHS officer appointed under the Occupational Health and Safety Act may at any time enter any premises in which a person under age 16 is employed and conduct an inspection to ensure compliance with the requirements of those laws (YEA, Sec. 7(1)).
  3. If the Director or OHS officer determines that any toxic substance, machinery, or equipment in use in any industrial undertaking or any plant engaged in the processing of fish, agricultural products, or forest products, is potentially dangerous to persons under age 16, they may, by order, prohibit the employment of persons under age 16 in that undertaking or plant either generally or in a location near that substance, machinery, or equipment (YEA, Sec. 7(2)).
  4. An employer that employs a person under age 16 must:
    1. act reasonably in assigning duties taking into account the age, knowledge, education and work experience of the person under 16;
    2. identify any potential danger to health and safety known to it and give appropriate instruction to the person under age 16;
    3. personally supervise the work of the person under age 16 or ensure that at all times the work of that person is supervised by an adult with experience in the work;
    4. provide adequate training and courses of instruction before authorizing the person under age 16 to perform unsupervised work (YEA, Sec. 8).
  5. Employer must ensure that traffic signallers are competent persons over age 16 who’ve been trained in, and have demonstrated adequate knowledge of traffic control and signalling procedures (OHS Act General Regs, Sec. 50.4(a)).
  1. No employer may have work performed by a child that’s disproportionate to the child’s capacity, or that’s likely to be detrimental to the child’s education, health, or physical or moral development (Labour Standards Act (LSA), Sec. 84.2).
  2. No employer may have work performed by a child under age 14 (LSA, Sec. 84.3) subject to the following exceptions listed in the regulations:
  3. a child working as a creator or performer in a field of artistic endeavour referred to in the first paragraph of section 1of the Act respecting the professional status of artists in the visual arts, film, the recording arts, literature, arts and crafts and the performing arts (;
  4. a deliverer of newspapers or other publications;
  5. a babysitter;
  6. a child who provides homework assistance or tutoring;
  7. a child working in a family enterprise with fewer than 10 employees if the child is a child of the employer or, where the latter is a legal person or partnership, a child of a director of that legal person or of a partner of that partnership, or if the child is a child of the spouse of one of those persons;
  8. a child working in a non-profit organization having social or community purposes, such as a vacation camp or recreational organization;
  9. a child working in a non-profit sports organization or for a municipality, a metropolitan community or an intermunicipal management board to assist another person or provide support in the context of sports activities, in particular as an assistant instructor, assistant coach or scorekeeper;
  10. a child working for a municipality, a metropolitan community or an intermunicipal management board in the context of recreational activities organized by the municipality, metropolitan community or intermunicipal management board, such as a day camp or vacation camp; and
  11. a child who is at least age 12 and who’s working in an agricultural enterprise with fewer than 10 employees, where the child performs light manual labour to harvest fruits or vegetables, take care of animals or prepare or maintain soil (Labour Standards Regs, Sec. 35.0.3.).
  12. The employees referred to in subparagraphs e. to i. of Item #2 above must work under the supervision of a person 18 years of age or over at all times (Labour Standards Regs, Sec. 35.0.3.).
  13. When employing a child under age 14 in accordance with the above rules, the employer must obtain the written consent of the holder of parental authority over the child or of the child’s tutor using the form established by CNESST (LSA, Sec. 84.3).
  14. No employer may have work performed during school hours by a child subject to compulsory school attendance (LSA, Sec. 84.4).
  15. No employer may have work performed by such a child for more than 17 hours per week or for more than 10 hours from Monday to Friday—exception: these prohibitions don’t apply to any period of more than seven consecutive days during which no educational service is offered to the child (LSA, Sec. 84.4).
  16. An employer who has work performed by a child subject to compulsory school attendance must ensure that the child’s work is scheduled so that the child is able to attend school during school hours (LSA, Sec. 84.5).
  17. No employer may have work performed by a child between 11 p.m. on any given day and 6 a.m. on the following day, except in the case of a child no longer subject to compulsory school attendance, in the case of newspaper deliveries, or in any other case determined by regulation (LSA, Sec. 84.6).
  18. Exception: The above prohibition against employing a child to work between 11 p.m. on any given day and 6 a.m. on the following day doesn’t apply to work that is creation or interpretation in a field of artistic endeavour referred to in the first paragraph of section 1of the Act respecting the professional status of artists in the visual arts, film, the recording arts, literature, arts and crafts and the performing arts ((Labour Standards Regs, Sec. 35.1.).
  19. An employer who has work performed by a child must schedule the work so that, having regard to the location of the child’s family residence, the child may be at the family residence between 11 p.m. on any given day and 6 a.m. on the following day, except in the case of a child no longer subject to compulsory school attendance or in the cases, circumstances, or periods or under the conditions determined by regulation (LSA, Sec. 84.7).
  20. Exception: The above requirement that an employer schedule a child’s working hours so that, having regard to the location of the child’s family residence, the child may be at that residence between 11 p.m. on any given day and 6 a.m. on the following day doesn’t apply in the following cases, circumstances, periods, or conditions:
  21. creation or interpretation in a field of artistic endeavour referred to in the first paragraph of section 1of the Act respecting the professional status of artists in the visual arts, film, the recording arts, literature, arts and crafts and the performing arts (; and
  22. work for a social or community organization, such as a summer camp or a recreational organization, if the working conditions involve lodging at the employer’s establishment, provided the child is not required to attend school on the following day (Labour Standards Regs, Sec. 35.3.).
  23. A forklift truck operator must be at least 16 years old (OHS Regs, Sec. 256.2).
  24. A worker must be at least 18 years old to perform blasting work or any work requiring the use of explosives (OHS Regs, Sec. 294).
  25. A worker must be 18 or over and have the knowledge, training, or experience required to do work in an enclosed area to work in a confined space (OHS Regs, Sec. 298).
  26. A dive team member must be at least 18 years of age (OHS Regs, Sec. 312.9).
  27. Mining: No work may be done by a worker who’s less than 16 years of age:
  28. in an open-pit mine;
  29. in a concentrator;
  30. in a plant (OHS Mining Reg, Sec. 26(1)).
  31. Mining: No work may be done by a worker who’s less than 18 years of age:
  32. in an underground mine;
  33. to perform work on the working face in an open-pit mine;
  34. to use equipment that hoists or moves objects;
  35. to act as an assistant blaster (OHS Mining Reg, Sec. 26(2)).
  36. Mining: A worker who’s less than 20 years of age may not:
  37. act as a blaster;
  38. act as a hoistman (OHS Mining Reg, Sec. 26(3)).
  39. Construction: No work performed by means of a motorized hoisting apparatus may be performed by a worker under 18 years of age (OHS Safety Code for Construction, Sec. 2.15.10).
  40. Construction: Any suspended scaffolding must be off-limits to persons under age 18 (OHS Safety Code for Construction, Sec. 3.9.16(a)).
  41. Construction: Any boatswain’s chair must be prohibited to persons under age 18 (OHS Safety Code for Construction, Sec. 3.9.17(a)).
  42. Construction: No worker under age 18 is allowed to work in excavations or trenches (OHS Safety Code for Construction, Sec. 3.15.10).
  43. Construction: No employer may employ any worker under age 18 for demolition work (OHS Safety Code for Construction, Sec. 3.18.1(12)).
  44. Construction: A candidate for a shot-firer’s certificate must be at least age 18 and hold a general permit (OHS Safety Code for Construction, Sec. 4.2.3(a)).
  45. Construction: No work may be performed by a low velocity explosive actuated tool operator who’s less than 18 years of age (OHS Safety Code for Construction, Sec. 7.1.1.5).
  46. Construction: No person below 18 years of age may be employed underground, at the face of an open pit site or at the controls of hoisting or moving equipment. (OHS Safety Code for Construction, Sec. 8.13.1).

Employment Standards

  1. “Youth” means a person who’s age 14 or 15 (Employment Standards Regs, Sec. 8-3(1)).
  2. No person may employ a youth unless they obtain the written consent of the youth’s parent (Employment Standards Regs, Sec. 8-3(2)).
  3. Every person who employs a youth must keep a copy of the written consent for the youth available for inspection by the minister or the minister’s duly authorized representative in the place of business operated by the person (Employment Standards Regs, Sec. 8-3(3)).
  4. No person may employ a youth:

(a) in the period after 10:00 p.m. on a day preceding a school day and until the start of the hours that the school the youth attends is in session during the school day;

(b) for more than 16 hours during a week in which there’s a school day for the school that the youth attends; or

(c) During the hours that the school the youth attends is in session (Employment Standards Regs, Sec. 8-4).

  1. No employer may employ a youth unless the youth provides the employer with evidence satisfactory to the employer that the youth has completed a work readiness certificate approved by the minister (Employment Standards Regs, Sec. 8-5).
  2. The minimum age at which employees may be employed in any class of employment is 14 years of age (Employment Standards Regs, Sec. 8-6).
  3. On receipt of a written application from the parent of a “young person” (defined as a person under age 16), if the director of employment standards is satisfied that the application of Items #4 to #6 above would be unsuitable in the circumstances, it may issue a written authorization exempting the young person and any employer of that young person from all or any of the provisions of Items #4 to #6, and impose any conditions that it considers appropriate on that authorization (Employment Standards Regs, Sec. 8-7).

OHS

  1. An employer or contractor must ensure that no person under age 16 is employed or permitted to work:

(a) on a construction site;

(b) in a production process at a pulp mill, sawmill, or woodworking establishment;

(c) in a production process at a smelter, foundry, refinery, or metal processing or fabricating operation;

(d) in a confined space;

(e) in a production process in a meat, fish, or poultry processing plant;

(f) in a forestry or logging operation;

(g) on a drilling or servicing rig;

(h) as an operator of powered mobile equipment, a crane, or a hoist;

(i) if exposure to a chemical or biological substance is likely to endanger the health or safety of the person; or

(j) in power line construction or maintenance (OHS Regs, Sec. 3-3(1)).

  1. An employer or contractor must ensure that no person under age 18 is employed:

(a) underground or in an open pit at a mine;

(b) as a radiation worker;

(c) in an asbestos process;

(d) in a silica process; or

(e) in any activity for which the regulations or any other regulations made require the use of an atmosphere‑supplying respirator (OHS Regs, Sec. 3-3(2)).

  1. No employer may employ a person under 17 years of age:
  1. in any occupations prescribed by the regulations;
  1. at a wage less than the minimum wage prescribed by the regulations for the occupation in which the person is employed;
  1. contrary to any conditions prescribed by the regulations (Employment Standards Act, Sec. 18(6)).
  1. A candidate for a blaster's permit or a temporary blaster's permit must be at least 18 years of age (WSC Regs, Sec. 14.05(a)).
  1. A conveyance carrying explosive material, whether parked or mobile, must be in the charge of and attended by a competent person who’s at least 18 years of age (WSC Regs, Sec. 14.20(1)(a)).
  1. The minimum age of a worker in a mine or mining project is:
  1. 16 years at a surface mine or project excluding at the working face, and
  1. 18 years at an underground mine or project or at the working face of a surface mine or project (WSC Regs, Sec. 15.10(1)).
  1. An owner of an x-ray machine or source may not employ as an x-ray worker any person who’s under age 18, unless that person is undergoing a course in training where knowledge of x-rays is required and is under the direct supervision of an x-ray worker (WSC Radiation Protection Regs, Sec. 19(a)).