Bill 19: The Quebec government regulates the work of children aged 16 and under

This legal update discusses the minister of labour's proposed amendments to Bill 19, which would, among other things, prohibit work performed by children under the age of 14, subject to exceptions, and regulate the work of children 16 and under, who are subject to compulsory school attendance. 

On March 28, the minister of labour tabled in the National Assembly Bill 19, An Act respecting the regulation of child labour. This bill aims to amend the Act respecting labour standards (ARLS) and the Act respecting occupational health and safety (AOHS) to regulate the use of young workers, particularly in view of the increase in the number of work-related injuries among young people and the impact on their academic success.

As of April 18, 2023, the Committee on Labour and the Economy will hold special consultations to hear the views of various organizations affected by Bill 19. As a result of these consultations, the bill may be amended.

The purpose of this legal update is to inform employers about the main legislative changes governing child labour in the bill as tabled on March 28. Please note, however, that this bill is not yet in force.

Children under 14 prohibited to work

Remember that, unlike the federal legislation and that of other Canadian provinces, there is currently no minimum age for employment in Quebec. The employment of children under the age of 14 is only subject to the written consent of the parent prior to hiring (section 84.3 ARLS). The work must also be proportionate to their capacity and unlikely to be detrimental to their education or to their health (section 84.2 ARLS).

The bill proposes to amend section 84.3 ARLS to add a prohibition against "hav[ing] work performed by a child under the age of 14" except in such cases and under such conditions as may be prescribed provided for by the law. The minister of labour is therefore following the recommendation of the Comité consultatif du travail et de la main-d’œuvre (Québec’s labour and workforce advisory committee), whose advice it had sought on this matter.

Some limited exceptions

The Regulation respecting labour standards (the Regulation) will provide for exceptions where a child under the age of 14 will be allowed to work. The proposed amendments include the following exceptions:

• creation and performance in certain artistic fields;
• babysitting and newspaper delivery;
• homework assistance;
• work performed in a family enterprise with fewer than 10 employees, when the child is a child of the employer, or where the employer is a legal person or partnership, the child is 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;
• work performed in a non-profit sports or social or community organization, such as a summer camp.

In the last two situations, the child's work should be done under adult supervision.

Other exceptions could be integrated into the Regulation following consultations conducted by the Committee on Labour and the Economy.

Parental consent is required

In either of these exceptional situations, the employer will need to obtain the written consent of the holder of parental authority or guardian on a form established by the Commission des normes, de l'équité, de la santé et de la sécurité du travail (Québec’s occupational health and safety commission). This form will indicate the main duties, the maximum number of hours of work per week and the child's periods of availability. Any change to these parameters will require a new written consent.

What happens to workers under the age of 14 who are currently employed?

To the extent that no exception applies, an employer who employs a child under the age of 14 will be required to provide written notice of termination to the child no later than 30 days following the date on which the act is enacted. The notice period will be based on the duration of the employee's uninterrupted service:

• 3 months to less than 1 year: 1 week;
• 1 year to 2 years: 2 weeks; and
• 2 years or more: 3 weeks.

The employer may continue to have the employee work during this period, or pay the employee compensation equivalent to the employee's regular salary at the time of termination.

Limiting the number of hours of work per week for children 16 years of age and under

Currently, no child subject to compulsory school attendance¹ may be required to work during school hours (section 84.4 ARLS) and at night between 11 p.m. and 6 a.m. (section 84.6 ARLS).

The bill would add a prohibition on an employer having such a child work more than 17 hours per week and more than 10 hours Monday through Friday. However, this prohibition would not apply to any period of more than seven consecutive days when no educational services are provided to the child.

Health and safety amendments

The bill proposes health and safety amendments in addition to the changes to the AOHS’s prevention and participation mechanisms that will come into force later under the Act to modernize the occupational health and safety regime.

The employer will be required to take into account the risks that may affect more particularly the health and safety of workers aged 16 and under when carrying out the identification and analysis of the risks. These must be included in the employer's prevention program.

Takeaways

At this time, Bill 19 is not in force. However, some sectors that rely on young workers, especially in the context of labour shortages, could be greatly affected if the bill is adopted.

Employers are therefore well advised to anticipate the actions they need to take to comply with their new obligations. As currently drafted, the bill would require employers to take the following actions, among others:

• providing notice of termination to workers under the age of 14 who are not covered by an exception within 30 days of when the bill is passed;
• obtaining the consent of the holder of parental authority, within 30 days of when the bill is passed;
• limiting weekly working hours for workers 16 years of age and under, as of September 1, 2023; and
• taking into account the specific risks of workers aged 16 and under within the framework of the prevention and participation mechanisms applicable to Quebec employers under the Act to modernize the occupational health and safety regime.

Failure to comply with these new rules could result in fines as high as $12,000 for repeat offenders.

We will keep you informed of any developments that occur in the process of passing this bill.

The author would like to thank Louis-Gabriel Girard, articling student, for his assistance in drafting this legal update.