Gulaid Egeh December xx, 2010 Ontario Neurotrauma Foundation Toronto, Ontario.

An Examination of Canadian and European Young Worker PoliciesGulaid EgehDecember xx, 2010Ontario Neurotrauma FoundationToronto, Ontario

Presentation Outline

1. Introduction- Ontario history of workplace health and safety- Aim of the policy study

2. Young worker themes- Minimum age for employment- Minimum age for types of employment- Time limits on young workers- Worker compensation (only in Canada)

3. Conclusions4. Policy opportunities for Ontario

Introduction• Ontario history of workplace health and safety

- In the last one hundred years, Ontario haswitnessed economic shifts shaped by

directions in which some industries were growing - Rise of agricultural industry- Followed by mining, manufacturing, and construction industries- Today, we are facing a different growth; that is, the service industry

Introduction (cont’d)• Health and Safety regulations have been shaping up to

meet young worker safety needs- 1888, the closing hours and hours of labour were

regulated for young workers (e.g., not permitted to work beyond 14 hrs/day and 74 hrs/week) - 1895, minimum age in factory work for boys was

raised to 14 years, except in the canning industry - 1908, minimum age for workers in retail shops was raised from 10 to 12 years. Employment duringschool hours was also prohibited, except in specialcircumstances

Introduction (cont’d)• The aim of the policy study is two-fold

- To identify existing and operating young worker policies in Ontario- To examine Ontario young worker policies in relation to other Canadian provinces and territories and select European countries (e.g., the UK, Finland, Norway and Sweden)

Minimum Age for Employment• Ontario, the Maritimes, and the three territories

do not have specific minimum age for employment in their occupational policies

• Alberta, British Columbia, and Manitoba have set minimum age for employment as shown in their Employment Standards

- Children under 12 years of age are prohibited from any type of employment - If under 12 years of age, children may work in

exceptional situations with the written permission of their parents or legal guardians and the Director of Employment Standards

Minimum Age for Employment (cont’d)

• Saskatchewan - Children under the age of 14 years are not permitted to work - The age permitted to work is either over 14 or 15 years - Effective March 31, 2010, young workers must complete the Young Worker Readiness Certificate Course (YWRCC) - At the time of employment, employers require to see proof of age, written consent from a parent or guardian and documents supporting the YWRCC


• Quebec - Children under the age of 14 years are not permitted to work - If permitted to work, employers will require the written consent of the parent or tutor• The United Kingdom (UK) countries of England,

Northern Ireland, Scotland, and Wales - Children under the age of 13 years are prohibited from work - If permitted to work, employers will require permission from the local authority


• Finland - There is no age restriction for employment - There is age restrictions to specific types of employment• Norway - There is no age restriction for employment - There is age restrictions to specific types of employment• Sweden - There is no age restriction for employment - There is age restrictions to specific types of employment

Minimum Age for Types of Employment

• Ontario - Children under the age of 14 years may not be employed in an industrial establishment (e.g., office building, factory, arena, shop or office) - Children under the age of 15 years may not be employed in a factory - Children under the age of 16 years may not be employed

in a logging operation, in or about the workplace of a construction project, at a mining plant or surface mine, and

as an apprentice - Children under the age of 18 years may not be employed in underground mine or at the working face of a surface

Minimum Age for Types of Employment (cont’d)

mine, to do work offshore on or from oil or gas rigs, to do window cleaning, to sell or serve liquor on licensed premises, and to operate a motorized vending cart used for the sale and service of liquor - Children under the age of 19 years may not be employed to undertake shaft attendant duties• Alberta - Adolescents aged 12 to 14 years may not be employed without the written consent from the parent/guardian and the Director’s approval unless the adolescent is enrolled in an off-campus education program approved under the education act


- Adolescents (>12 but <15 years of age) between 12 and 14 years of age may be employed as a delivery person of small wares for a retail store, as a clerk or messenger in an office, as a clerk in a retail store, as a delivery person for the distribution of newspapers, flyers, or handbills, or any occupation approved by the Director, or any occupation that is not or is not likely to be injurious to the life, health, education or welfare of the adolescent - Young persons (>15 but <18 years of age) may not be

allowed to use ionizing designated radiation equipment or an ionizing radiation source except where that individual is a student undergoing a course of instruction involving the use of equipment or source conducted under the direct supervision of a competent worker


- Young persons may not be issued a blaster’s permit or be the driver of a vehicle transporting explosives or be issued a permit to handle, prepare, and fire explosives - No minor (<18 years of age) shall enter or be in and no facility licensee may permit a minor to enter or be in a casino or a racing entertainment centre, or any other licensed facility where minors are prohibited - No minor can be issued a liquor license or to a corporation if the majority of its members are minors - Young persons may not be allowed to enter or be employed to sell or serve liquor in licensed premises. Some exceptions apply such as if the minor is an entertainer or repairer, etc.


• British Columbia - Children under the age of 15 but over 12 years may not be employed without the written consent of the parent /guardian. A child under 12 years of age, the Director may set the conditions of employment for the child - 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 - Children under the age of 16 years may not be employed to mix, load, or apply a moderately or very toxic pesticide for use in a workplace, or clean or maintain equipment used in the operations


- If a child under the age of 16 years is employed, he or she may not be designated as a First Aid Attendant, and must

present certificates when the criteria is met - Children under the age of 18 years may not be issued a

blaster’s certificate and therefore cannot work as a blaster - The manager may not employ any person under the age

of 18 years at a mine except for the purpose of training that person - Minors (<19 years of age) may not be authorized or permitted to enter or be on or to be on the premises where liquor is sold or kept for sale, except when minor is accompanied by a parent or guardian on premises where liquor is sold for consumption off the premises, with lawful excuse, or in prescribed circumstances


- An employer of a young worker (<25 years of age) must ensure that before a young or new worker begins work in a workplace, the young or new worker is given health and safety orientation and training specific to that young or

new worker’s workplace• Manitoba - No person shall employ a child under the age of 16 years and no parent, guardian or other person having the care, custody or control of such a child shall allow the child to be employed, except as permitted by the regulations or by a permit issued by the Director


- The Director may not issue a permit authorizing a child to be employed in a type of employment that, in the Director’s opinion, is likely to adversely affect the safety, health or well-being of the child - Children under the age of 16 years may not be employed

in any occupation that requires a substantive amount of producing, cleaning, altering, repairing, or servicing any material, substance, article, machinery, or work done

with machinery, or to work in a designated trade - An employer may not employ or permit the employment of any person under the age of 18 years in the underground workings of a mine or at the face of an open pit or quarry working, or as a mine hoist or crane operator


- Children under the age of 18 years may not be employed to operate X-ray equipment, unless that person is a student undergoing a bona fide course of instructions relating to the operation of X-ray equipment under safety supervision satisfactory to the Minister - No person under the age of 18 years shall be in a licensed beverage room at any time when liquor may lawfully be sold or consumed therein, unless the young person is accompanied by his or her parent, spouse, common-law partner or guardian who is at least 18 years and no such person shall consume liquor therein


- Children under the age of 18 years shall not be employed to sell, handle, or serve liquor in any licensed premises• New Brunswick - Children under the age of 14 years may not be employed

in any industrial undertaking, in the forest industry, in the construction industry, in a garage or automotive service

station, in a hotel or restaurant, in a theatre, dance hall or shooting gallery, as an elevator operator, in any location

or occupation prescribed by regulation - No employer shall employ a person who is under the age of 16 years in employment that is or is likely to be unwholesome or harmful to the person’s health, welfare or moral or physical development


- No employer shall employ a person who is under the age of 18 years as a blaster and as an x-ray radiation worker unless the person is a student undergoing a course of instruction relating to the operation of x-ray equipment - An employer shall ensure that no person operates a hoist unless that person has attained the age of 19 years and presents a certificate to operate - No person under the age of 19 years should be employed to give, serve, sell or supply liquor to any person in licensed premises


• Newfoundland and Labrador - An employer shall not employ a child who is under the age

of 14 years unless the work is prescribed work within prescribed undertakings - The age for admission to a work training program shall be

15 years or over but in exceptional circumstances the commission may, at the request of the Minister of

Education, rule a student to be entitled to the benefits of this section - An employer shall not employ a child under the age of 16

years to work occupations that are prescribed as hazardous or 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


- No employer shall employ a child under the age of 16 years while a strike or lockout is in progress and without the written consent of the child’s parent or guardian, which must be kept as part of the record of employment and the age must be specified in the consent - A person under the age of 18 years shall not be

employed in the underground works of a mine, in a silica process nor in cleaning or maintenance work likely to involve exposure to silica dust except work that is a recognized part of apprenticeship or comparable course of training, and as a radiation worker, unless employed as a radiation technologist in training


- A person under the age of 19 years cannot enter, be, remain or work in premises in respect of which a liquor license has been granted, except duties that do not involve handling of liquor- A person under the age of 20 years employed in a mine or in immediate connection with the mine shall not be put in charge of machinery for hoisting, for lifting or for haulage, and shall not be put in charge of or be made responsible for the charging of blasting holes with explosives or for the firing of explosives in blasting holes, and shall not be entrusted with the transmission of signals and orders for putting machines in motion


- A person under the age of 21 years shall not be employed to have charge of hoists used for hoisting or lowering workers in a mine or in workings connected with the mine• Northwest Territories and Nunavut - A person under the age of 16 years may not enter into a contract of apprenticeship, and may not be employed in or about a mine - An employer may employ a person under the age of 17 years in any occupation that is not detrimental to the health, education, or moral character of the young person


- No person under the age of 18 years shall be employed underground or at the working face of any open cut

workings, pit or quarry - No person shall employ a person under the age of 19 years where an asbestos and silica process is being conducted unless the process is conducted under constant supervision, and the process has been inspected and approved by a safety officer - No minor (< 19 years of age) shall enter or be employed

to prepare or serve liquor, a minor may enter in special circumstances, but shall not consume liquor at the event

- The chief inspector may not issue a hoist operator’s certificate to a person who is under the age of 20 years


• Nova Scotia - No person shall employ a child under the age of 14 years in any work prohibited by regulations or pay wages to do work that is or is likely to be unwholesome or harmful to his/her health or normal development, or such as to prejudice his attendance at school or capacity to benefit from instruction there given - No person shall employ a child under the age of 16 years in

work of any kind in an industrial undertaking, the forestry industry, garages and automobile service stations, hotels, 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, the operating of elevators, theatres, dance halls, shooting galleries, bowling-alleys, billiard and pool rooms


- Employers must ensure that liquor is not dispensed by an employee who is under the age of 19 years, and a

licensee may permit an employee who is under the age of 19 years to serve a liquor at a customer’s table - A person under the age of 19 years shall not enter into an

apprenticeship - A person under the age of 19 years shall not qualify as a

blasting trainee or a candidate for a restricted blaster certificate. An applicant for a trainee certificate who 19

years of age or over must submit proof that he/she has completed an approved safety training course in order to perform restricted work under the close visual supervision of a certified blaster


• Prince Edward Island - Youth Employment Act (YEA) – indicates that no employer shall employ a young person under the age of 16 years in any work that is or is likely to be harmful to the health or safety, or moral or physical development of the young person- Employers must assign duties appropriate for the young worker’s age, knowledge, education and work experience, and identify any potential danger to the health and safety of the young worker and give appropriate instruction personally or by another trained adult and supervise at all times the work of the young person before authorizing to perform unsupervised work


- Children under the age of 16 years shall not be employed to work as a signaller. Those over 16 must be competent persons who have been trained in, and have demonstrated an adequate knowledge of traffic control and signalling

procedures, among other requirements - Children under the age of 16 years shall not be employed to become an apprentice in a designated trade or to become a construction worker - No person under the age of 19 years should be

employed to give, serve, sell or supply liquor to any person in licensed premises


• Quebec - No work may be done by a worker who is less than 16 years of age in an open-pit mine, in a concentrator, or in a plant, or to become an apprentice in a trade or vocation under the Act - Youth Protection Act (YPA) – indicates that no employer may have work performed that is disproportionate to the child’s capacity, or that is likely to be detrimental to the child’s education, health or physical or moral development - No work may be done by a worker who is less than 18 years of age in an underground mine, to perform work on the working face in an open-pit mine, or to use equipment that hoists or moves objects or people or to perform blasting work, or any work requiring the use of explosives


- No person under the age of 18 years shall be employed to be responsible for and maintain a concrete pump or a distribution mast or as a shot firer, perform work by means of a motorized hoisting apparatus, work on a suspended scaffolding, on a boatswain’s chair, demolition work, operate a low velocity explosive actuated tool, work underwater, work underground at the face of an open-pit site, or at the controls of hoisting or moving equipment, in excavations or trenches, or in compressed air - No person under the age of 18 years should be employed to give, serve, sell or supply liquor to any person in licensed premises


- No person under the age of 20 years shall be employed as a blaster, unless acting as an assistant, or as a hoist person

• Saskatchewan - No person under the age of 14 years shall be employed without work readiness certificate, and not without written parental consent. Employer must keep this certificate with youth’s record of employment - An employer or contractor shall ensure that no person under the age of 16 years is employed or permitted to work on a construction site, in a production process at a pulp mill, sawmill or woodworking establishment, in a production process at a smelter, foundry, refinery or metal processing or fabricating operation, in a confined space, in a production process in a meat, fish or poultry processing plant, in a forestry or logging operation, on a drilling or servicing rig, as an operator of


powered mobile equipment, a crane or a hoist, where exposure to a chemical or biological substance is likely

to endanger the health or safety of the person, or in power line construction or maintenance - No person under the age of 16 years shall be employed in any educational institution, hospital, nursing home, hotel, or restaurant - An employer or contractor shall ensure that no person under the age of 18 years is employed underground or in an open pit at a mine, as a radiation worker, in an asbestos process, in a silica process, in any activity for which these regulations or any other regulations made pursuant to the Act require the use of an atmosphere-supplying respirator


- No person under the age of 19 years should be employed to give, serve, sell or supply liquor to any person in licensed premises • Yukon Territory - No person under the age of 16 years shall be employed in or about a mine or a project. At age 16, a young person can be employed at a surface mine, except at the working face - No person under the age of 16 years shall be employed to enter into a written apprenticeship agreement - No person shall employ a person under 17 years of age in any occupations prescribed by the regulations


- An owner of an x-ray machine or source shall not employ as an x-ray worker any person who is under the age of 18 years, 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 - No person under the age of 18 years shall be employed at an underground project or at the working face of a surface mine or project - No person under the age of 18 years shall be employed to operate a motor vehicle transporting explosive materials, or be a candidate for a blaster’s permit or temporary blaster’s permit, or be in charge of or attend to a conveyance carrying explosive material, whether parked or mobile


- No person under the age of 19 years shall be issued a permit to sell, supply, or serve liquor, but employee who is a minor may deliver liquor to table in food primary establishment - Employers of new and young workers are responsible for

providing adequate training, supervision, and hazard identification, among other duties. Young worker means any

worker who is under 19 years of age. New worker means any worker who is new to the workplace, returning to the workplace where the hazards in that workplace have changed during the worker’s absence or relocated to a new workplace where the hazards in that workplace are different from the hazards in the worker’s previous workplace


• The UK - Children under the age of 13 years may not be employed to do shop work or taking on a paper round, or any other task likely to affect their health, safety or education and if over 13, employers must get a permit signed by the parent from the local authority - Children under the age of 14 years may not be employed to do work in factories or on a building site - Children under the age of 16 years shall not be employed to work in a factory or in construction work, in transport, in a mine, on a registered merchant ship


- Employers employing children under the age of 18 years must do an assessment of possible risks to worker’s health and safety, before they employ. They must pay attention to worker’s age, lack of experience, and other things that could be a risk to the worker’s health and safety and if the worker is under 16 years of age, they must provide this assessment to the parent - Children under the age of 18 years shall not beemployed to do work which brings them into contact with

chemical agents, toxic material or radiation work or extreme cold, heat or vibration

- Young workers over the age of 18 years get the same work rights as adults


• Finland - Young persons (< 18 years of age) may only do work which does not harm their physical or mental development or demand greater exertion or responsibility than what is reasonable with regard to the age and strength of the young persons - Children of the age of 13 years or younger may be may be temporarily employed as performers or assistants at art or cultural performances or other corresponding events - Children under the age of 14 years may not be employed to do light work which includes messenger’s work, delivery of papers and advertisements, sale of tickets and


refreshments at different events, sales work and assistant work in shops, offices and restaurants, as well as in garden and farm work - Young workers under the age of 16 years may not be employed to do work involving machinery and equipment, chemicals, electricity, or biological or physical risk factors (noise,

vibration), demounting of buildings or the care of laboratory animals, continuous lifting, where the weight of the load continuously exceeds 20 kg for men and 15 kg for women


- Young workers under the age of 18 years may not be employed to do work involving the manufacture, transport and handling of inflammable and explosive substances and flammable liquids of class I, work which is toxic or

carcinogenic, work which exposes the worker to hazardous radiation, or noise and vibration, or extreme cold and heat, and the care of psychiatric patients• Norway - Children under the age of 13 years shall not be employed to do light work


- Children of the age of 14 years or older may do work that is part of their schooling or practical vocational guidance approved by the school authorities - Children under the age of 15 years may be employed to perform work involving cultural or light work - Young workers under the age of 18 years must not

perform work that may be detrimental to their safety, health, development or schooling. The Ministry may

by regulation provide what types of work shall be subject to this prohibition and concerning registration of employees under 18 years of age


• Sweden - Children of the age of 13 years or older may be employed to perform light work that will not have a detrimental effect on the child’s health, development or schooling - Children under the age of 16 years may not be employed to do any work besides light work - Children under the age of 18 years may not be employed to work in a manner involving a risk of accident or of over-

exertion or any other harmful effect on the young worker’s health or development. The Swedish Work Environment Authority may make regulations concerning conditions for or the prohibition of a child being engaged in work involving a substantial risk of accidents

Time Limits on Young Workers• Ontario - Under the Education Act, no person shall employ a child under the age of 18 years during regular school hours, unless employment during regular school hours are part of an equivalent learning experience approved by board, or student has already obtained high school diploma - The fine for preventing a child bound by regular school attendance is $1000.00 and it applies to parents or guardians and employers - A child who is continuously absent can have his/her license taken away until attendance record improves or they are no longer bound by compulsory attendance

Time Limits on Young Workers (cont’d)

• Alberta - No employer may employ an adolescent under 15 but over 12 years of age for longer than 2 hours outside of normal school hours on a day during which the adolescent is required to attend school, or for longer than 8 hours on a day during which the adolescent is not required to

attend school. 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


- During the period of time from 9:00 p.m. to the following 12:01 a.m., no employer may employ a young person (>15 but <17 years of age) 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: the premises of any retain business selling food or beverages, whether alcoholic or not, or any other commodities, goods, wares or merchandise; the premises of a retail business in which gasoline, diesel fuel, propane or any other product of petroleum or natural gas is sold; a hotel, motel or other place that provides overnight accommodation to the public


- During the period of time from 12:01 a.m. to the following 6:00 a.m., no employer may employer a young person (>15 but <17 years of age) and no young person may work, in any employment on or in connection with any of the premises specified in subsection (1), unless with written consent from parent/guardian, and in the continuous presence of an individual at least 18 years of age - No person under the age of 16 years shall be employed during normal school hours, unless the student is enrolled in an off-campus education program provided under the School Act, or has received diploma (or equivalent)


• British Columbia - An employer of a child (>12 but <14 years of age) must not require or allow the child to work on a school day at a time when the child is scheduled to attend, unless the

student is participating in an approved work study, work experience, or occupational study class - An employer of a child (>12 but <14 years of age) must not require or allow the child to work more than 4 hours on a school day, more than 7 hours on a day that is not a school day, unless the employer receives prior written

approval from the Director of Employment Standards, more than 20 hours in a week that has 5 school days,

and in any case, more than 35 hours in a week


- The employer of a child (<15 years of age) in the entertainment industry must ensure that the child’s shift ends no later than 8 hours after the child reports for work. The employer of a child in the entertainment industry must

not require the child to report for work earlier than 5:00 a.m. on any day unless the employer receives prior written approval from the Director. 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: if the child’s school is in session, 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, if the child’s school is not in session, 2:00 a.m.


- Children under the age of 16 years have compulsory school attendance until the age of 16, they cannot be employed during normal school hours, unless in an approved work experience• Manitoba - No person under the age of 16 years shall be employed during regular school hours, unless as part of an approved work study program - No person shall employ a child under the age of 16 years between 11:00 p.m. and 6:00 a.m., or for more than 20 hours during a week of school, except as permitted by the regulations or as authorized by the Director in special circumstances


- No employer shall require or allow an employee under the age of 18 years to work alone between the hours of 11:00 p.m. and 6:00 a.m. - Employers and parents can be fined as much as $500.00 if they interfere with the compulsory attendance of a child bound to regular school hours• New Brunswick - No employer shall employ a person who is under the age of 16 for more than 6 hours in any day, for more than 3 hours on any school day, 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 8 hours attending school and working


- No employer shall employ a person who is under the age of 16 years between the hours of 10:00 p.m. in any day and 6:00 a.m. in the following day

- Children under the age of 18 years have compulsory school attendance until the age of 18, or upon being granted a high school diploma (or equivalent) - The fine for employing a child who is bound by compulsory

school attendance is between $140.00 and $570.00• Newfoundland and Labrador - No employer shall employ a person who is under the age of 16 years for more than 8 hours a day, or for more than 3 hours on a school day unless a certificate covering that day has been issued under section 8 of the School Attendance Act


- No employer shall employ a person who is under the age of 16 years 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 - No employer shall employ a person who is under the age of 16 years between the hours of 10:00 p.m. of 1 day and 7:00 a.m. of the following day, or in circumstances that would prevent the child from obtaining a rest period of at least 12 consecutive hours a day - Anyone who interferes with a student’s regular school

attendance is guilty of an offence under the School Act which carries a fine not to exceed $500.00, or imprisonment for up to three months


• Northwest Territories and Nunavut - No employer shall employ a person who is under the age of 16 years during regular school hours unless student has diploma, or has permission from principal to work - No employer shall permit or require a young person under the age of 17 years to work at any time between the hours of 11:00 p.m. on one day and 6:00 a.m. on the next day unless he/she first obtains the approval in writing of the Director of Employment Standards - Children under 17 years of age have compulsory school

attendance protecting them from employment during regular school hours unless as part of an approved work-study. Every person who fails to comply is guilty of an offence and a fine not exceeding $500.00


• Nova Scotia - No person shall employ a child under the age of 14 years to work for more than 8 hours in any day, for more than 3 hours on any school day unless an employment certificate authorizing the employment of the child has been issued under the Education Act, and on any day for a period that, when added to the time required for attendance at school on that day, totals more than 8 hours - No person shall employ a child under the age of 14 years to work between the hours of 10:00 p.m. and 6:00 a.m. the following day


- No person shall employ a child under the age of 16 years during regular school hours, unless a certificate authorizing the employment has been issued by the school board or Director of Employment Standards• Prince Edward Island - No employer shall employ a young person under the age of 16 years between the hours of 11:00 p.m. and 7:00 a.m., and during normal school hours except where their work is an approved work study program - No employer shall employ a young person under the age of 16 years for more than 3 hours on any school day, 8 hours on any day other than a school day, and not more than 40 hours in any week


- Children under the age of 16 years have compulsory school attendance protecting them from employment during regular school hours, and if employers and parents do not comply, they will be guilty of an offence and a fine not less than $200.00 and not more than $1000.00• Quebec - Children under the age of 16 years shall not be employed during compulsory school hours, unless as part of a work experience program, or until high school diploma is obtained - A child under the age of 17 years may still be bound by

compulsory school attendance and employers must ensure no work is scheduled so that the child is able to attend school during school hours


- No employer may have work performed by a child under the age of 17 years between 11:00 p.m. on any given day and 6:00 a.m. on the following day, unless the child is no longer subject to compulsory school attendance, or unless the child is employed as a newspaper delivery person, or other occupation prescribed by regulation - An employer who has work performed by a child under the age of 17 years 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


• Saskatchewan - No person shall employ a youth under the age of 16 years 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 - No person shall employ a youth under the age of 16 years for more than 16 hours during a week in which there is a school

day for the school that the youth attends, the Director and parent/guardian is able to exempt from these provisions if they see it fit - No person shall employ a youth under the age of 16 years during regular school hours, unless participating in an approved work experience program, and with permission from the principle. Employers and parents can be fined $100.00 for preventing a youth from regular school attendance


• Yukon Territory - No person shall employ a youth under the age of 16 years during regular school hours, unless the Director of Employment of Standards makes exemptions - Children under the age of 16 years have compulsory school attendance protecting them from employment during regular school hours, and if employers and parents do not comply, they will be guilty of an offence and a fine not more than $100.00, and additional days of this

failure or neglect shall constitute a separate offence


• The UK Children under the age of 16 years must not work: - during school hours on any school day - for more than two hours on any school day (one hour if the child is under 14) or for more than 12 hours in any week in which the student is required to go to school - for more than two hours on a Sunday - for more 7-8 hours (five hours if the child is under 15 years) on any day which is not a school day or a Sunday - before 7:00 a.m. or after 7:00 p.m. - for more than 35-37 hours (25-27 if the child is under the age

of 15) in any week in which they are not required to go to school - for more than four hours in any day without a break of one hour


Children (>16 but <18 years of age) must: - not work more than eight hours a day, or more than 40 hours a week - have twelve hours rest between each working day, and two rest days per working week - have 30-minute rest break when they work for longer than four and a half hours - not work between 10:00 p.m. and 6:00 a.m. If youth is contracted to work after 10:00 p.m., they must stop work at 11:00 p.m., and not start again before 7:00 a.m.


- There are some exceptions for young people who work in hospitals, agriculture, retail, hotels and catering, bakeries, post/newspaper deliveries, or in connection with cultural, artistic, sporting or advertising activities. They are not allowed to work between midnight and 4:00 a.m., except in the most exceptional circumstances• Finland - During the school year, the daily working hours of a person of school age shall not exceed seven hours on days when there is no school and two hours on school days. The total length of the school day and working hours cannot, however, exceed eight hours or the weekly working hours 12 hours


- The working hours of a person under the age of 15 years shall not exceed seven hours a day and 35 hours a week during the school holidays and shall not be made to do overtime or emergency work - The working hours of persons under the age of 15 years shall fall between 8:00 a.m. and 8:00 p.m., except in special circumstances he/she may work between 6:00 a.m. and 8:00 p.m. - A person who has reached 15 years of age may, with his/her own consent, do overtime work for no more than 80 hours in the course of one calendar year, in addition to regular daily working hours or other regular working hours


- The working hours of a person who has reached the age of 15 shall fall between 6:00 a.m. and 10:00 p.m. - Young workers who have reached the age of 15 years

and are employed for training purposes in jobs approved and supervised by the public authorities may, however, only be employed in a two-shift system until 12 midnight - The working hours of a person (>15 but <18 years of

age) shall not exceed nine hours a day or 48 hours/week - A person under the age of 15 years shall be granted at

least 14 consecutive hours of rest in every 24 hours, and if 15 and over, 12 consecutive hours of rest


- Where the daily working hours of young workers (>15 but <18 years of age) are in excess of four hours thirty minutes, employees shall be granted a rest period of at least thirty minutes in the course of their work, during which they shall be free to leave the workplace and shall be granted a weekly break of 38 consecutive hours - Children under the age of 16 years are bound by compulsory school attendance• Norway - Working hours for persons under the age of 18 years shall be so arranged that they do not interfere with their schooling or prevent them from benefiting from their lessons


- In the case of children who are under the age of 15 years or are attending compulsory education, working hours shall not exceed 2 hours a day on days with teaching and 12 hours a week in weeks with teaching, 7 hours a day on days without teaching and 35 hours in weeks without teaching, 8 hours a day and 40 hours a week for the total of working hours and school hours where the work is part of an arrangement involving alternating theoretical and practical education - In the case of young persons between 15 and 18 years of age who are not attending compulsory education, working hours shall not exceed 8 hours a day and 40 hours a week


- When children work for two or more employers, working hours shall be calculated as a total of the hours worked for all employers. The employer is obliged to obtain information

concerning hours worked for other employers - Children who are under the age of 15 years or are attending compulsory education shall not work between 8.00 p.m. and 6.00 a.m. - Young persons between 15 and 18 years of age who are not attending compulsory education shall have an off-duty period of at least 8 hours including the time between 11:00 p.m. and 6:00 a.m. Work between 9:00 p.m. and 11:00 p.m. is night work, and is not permitted unless necessitated by the nature of the work or unless there is an exceptional and time-limited need for night work


- Persons under the age of 18 years shall have a rest break of at least 30 minutes, if possible continuous, if daily working hours exceed four hours and 30 minutes - Within each period of 24 hours, there shall be a continuous off-duty period of at least 14 hours for children who are under the age of 15 years or are attending compulsory education, 12 hours in the case of young persons between 15 and 18 years of age who are not attending compulsory education - Persons under 18 years of age shall have a continuous off- duty period of at least 48 hours per seven days. The off- duty period shall as far as possible be on a Sunday or public holiday


- Persons under the age of 18 years who attend school shall have at least four weeks holiday a year, of which at least two weeks shall be taken during the summer holiday - Children under the age of 16 years are bound by

compulsory school attendance• Sweden - The Swedish Work Environment Authority may make regulations concerning the length and arrangement of working hours for children who are engaged for or carry out work- Children under the age of 16 years are bound by

compulsory school attendance

Worker Compensation• Ontario - The Workplace Safety and Insurance Act applies to any worker who is injured or to his/her dependents if he/she is killed - A minor who is injured or killed while on the workplace is entitled to the Act’s provisions, as are apprentices, learners, and students - The following occupations are excluded from the provisions of the Act: barbering and shoe-shining establishments, educational, veterinary, or dental work, funeral directing and embalming, taxidermy, and the business of a photographer

Worker Compensation (cont’d)

• Alberta - Compensation is available to every worker (or their dependents) provided that the injury is not attributable to the serious and willful misconduct of the worker - Many occupations are exempt from the provisions of compensation Act, some are accounting, babysitting, chiropractic services, and farming• British Columbia - The Worker’s Compensation Act applies to all employers and employees, except employers and workers exempted by order of the Board


- Young workers under the age of 19 years are considered as full legal age capable of managing their affairs and they are granted all of the provisions of their adult counterparts if injured or killed on the workplace - Casual workers, workers with no earnings, including volunteers, are covered, as are domestics, outworkers, etc.• Manitoba - Worker’s Compensation Act applies to all employers and workers, except those excluded by regulation - Apprentices are covered by the act, as are mechanics and artisans


- Schedule A occupations are exempt from the provisions of the Act - Some occupations that are exempt are accounting, athletes and entertainers, business office, computer services, farmers and family members of farmers, and teachers• New Brunswick - The Worker’s Compensation Act applies to all employers and workers, except for casual workers, people who play sports for a living, outworkers, members of the family of an employer residing with the employer who are under the age of 16, and domestic workers


- Other exclusions include any industry that has less than 3 workers employed at one time; and the fishing industry, unless they have 25 or more workers usually employed at one time• Newfoundland and Labrador - The Workplace Health, Safety and Compensation Act applies to all employers and workers, except those the Lieutenant Governor may exclude by regulation - Any youth in a Worker Training Program is considered to be a worker and is entitled under the provisions, even though the minimum age for such a program is 15, in exceptional circumstances, the Minister of Education may rule a student to be entitled to the benefits of a worker


- Exclusions from the Workplace Health, Safety and Compensation Act include employment of a

person in respect of construction or renovation of a private residence, where that residence is, or shall be used as a private residence of that person; employment of a person in respect to a function in a private residence of that person; and professional sports competitors• Northwest Territories - The Worker’s Compensation Act applies to all employers and workers - A person who harvests wildlife is considered to be a worker and is eligible for compensation


- Exclusions under the Act are not available• Nova Scotia - The Worker’s Compensation Act applies to all employers and workers and to any occupation listed in Schedule A - The exclusion list is exhaustive, but some are casual workers, outworkers, police force and fire department, farm labourers, actors, players, artists, and newspaper carriers - Certain businesses and occupations are excluded from the Act until at least 3 workers are employed at the same time


• Nunavut - The Worker’s Compensation Act applies to all employers and workers, except for employees as defined in the Government Employees Compensation Act• Prince Edward Island - The Worker’s Compensation Act applies to all employers and workers engaged in any industry - Young workers and apprentices are covered under the provisions of this Act - Some occupations that are exempt are artists, entertainers, or performers, circus operations, travelling shows, or trade


shows, clergy, demonstrating and exhibiting, employment by a person in respect to a function in the private

residence of that person, carriers employed in delivering newspapers or other publication, peddling and door-to-door sales, volunteer workers, and outworkers• Quebec - The Act Respecting Industrial Accidents and Occupational

Diseases applies to all employers and workers - If a worker becomes a victim of an industrial accident outside Quebec, or suffers from an occupational disease

contracted outside of Quebec if, when the accident occurs or the occupational disease is contracted, the worker has his/her domicile in Quebec and this employer has an establishment in Quebec, he/she is covered by the Act


- Some of the exempted occupations are a domestic worker and an athlete who plays sports as his/her main source of income• Saskatchewan - The Worker’s Compensation Act applies to all employers and workers - The exclusion list is exhaustive, but some are casual workers, outworkers, household servants employed in a private home by a resident, farming, teachers, artists, entertainers and performers, clergy, commercial fishing, door-to-door carriers delivering newspapers, flyers or other publications, sports professionals, and volunteers


• Yukon Territory - The Worker’s Compensation Act applies to all employers and workers in all industries - The Director may include casual workers, domestics, clergy, and volunteers as workers eligible for the provisions of this Act - Exclusions under the Act are not available

Conclusions• Young worker polices across Canada are not unified, they

reflect regional needs• Policies governing minimum age and minimum age for types

of employment, time limits on young workers, and worker compensation are varied across Canada and the select European countries and therefore is a good example of the inconsistencies

• One shared policy in Canada, the UK, Finland, Norway, and Sweden is the child being prohibited from employment while school is in session, except is some circumstances such as work-study program, etc.

• Some provinces include compensation for volunteers, casual workers, and domestic workers, others exclude these groups from the provisions of their Acts

Conclusions (cont’d)• While most provinces have stiff penalties for the

employment of children bound by compulsory school attendance, some provinces, such as Alberta, don’t have explicit fine for the Act

• Most provinces, the UK, Finland, Norway, and Sweden, except Ontario, Saskatchewan, and the Yukon and Nunavut Territories, have sections addressing the employment conditions of children and young workers in their Employment Standards Act or Labour Standards Act

• Current policies addressing the employment conditions of children in Ontario are embedded in various Acts and Regulations

Policy Opportunities for Ontario

• As of March 31, 2010, Saskatchewan requires young workers to obtain the Young Worker Readiness Certificate Course (YWRCC) before engaging in any employment. In addition to the YWRCC, they must provide proof of their age and a written consent from a parent/guardian

• The content of the YWRCC is the following: - Understanding the world of work - Fair workplace practices - Health and safety in the workplace

Policy Opportunities for Ontario (cont’d)

• The Youth Employment Act of Prince Edward Island (PEI) stipulates that employers must:

- ensure in assigning duties taking into account the age,knowledge, education and work experience of the

young person - identify any potential danger to health and safety of the young worker and give appropriate instruction - supervise the work of the young person or ensure that

at all times the work of the young person is supervised by an adult who has experience of the work - provide adequate training and courses of instruction before authorizing the young person to perform unsupervised work


• The UK has a similar Youth Employment Act as the PEI, except that their Act requires employers to provide the workplace risk assessment of the young worker (<16) to the parent and it must include any risks identified and any measures put in place to protect the health and safety of the worker

• Public policies restricting the hours young people may work and rest periods between each working day are currently operating in other Canadian provinces and territories, the UK, Finland, and Norway, except in Ontario and the Yukon Territory

• Any employer in Finland with one or more young workers in service must display the Young Worker’s Act and its enforcement provisions and regulations in a suitable place where the workers can consult them


• Prior to entering into an employment relationship or shortly after, employers in Finland, Norway, and Sweden must:

- ensure that their young workers (<18 years of age) undergo a medical examination at the expense of the employer. Exempted jobs for this medical test are office jobs and similar light employment - determine with consultation of the medical certificate the suitability of the person for the work

Thank You for Your Attention

Questions, comments, discussion…

Gulaid Egeh December xx, 2010 Ontario Neurotrauma Foundation Toronto, Ontario.

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