Bill 19, respecting the regulation of child labour, is adopted in Quebec

On June 1, 2023, Quebec parliamentarians unanimously passed Bill 19, which aims to prohibit work performed by children under the age of 14, subject to exceptions, and to regulate the work of children aged 16 and under, who are subject to compulsory school attendance.

As we wrote in a legal update following the presentation of Bill 19 to the National Assembly last March, the aim of this bill is to provide a better framework for the employment of young workers, following a marked increase in occupational injuries among young people and the impact on their academic success. Bill 19 was passed almost in its entirety, with only one amendment following special consultations held by the Committee on Labour and the Economy last April.

The purpose of this legal update is to inform employers of their obligations following the enactment of the Act respecting the regulation of child labour.  

Prohibition of work performed by young people aged 14 and under

The minimum legal age for working in Quebec is now 14, subject to the following exceptions set out in the Regulation respecting labour standards (the "Regulation"): 

• creation and performance in certain artistic fields;
• babysitting and newspaper delivery;
• homework assistance or tutoring;
• work performed in a family entreprise with fewer than 10 employees, if the child is a child of the employer, the child is the child of the spouse of the employer, or the child is a child of a director of that legal person or of a partner of that partnership;
• work performed as an assistant instructor, an assistant trainer or scorekeeper in a non-profit sports or social or community organization, such as a summer camp or a recreational organization;
• light manual work to harvest fruit or vegetables, care for animals or prepare or maintain the soil, when the child is aged 12 and over, working in an agricultural enterprise with fewer than 10 employees.

In the last three cases, children must work under adult supervision at all times.

The only amendment made to Bill 19 is the addition of an exception for children aged 12 and over working on a farm. This addition was made following representations made by many agricultural producers during special consultations held by the Committee on Labour and the Economy.

Hiring workers aged 14 and under covered by an exception

In any of the exceptional situations provided for in the Regulation, the employer must obtain authorization from the child's parent or guardian using the form established by the Commission des normes, de l'équité, de la santé et de la sécurité du travail (the "CNESST"). 

In particular, the employer must include in the form a description of the main tasks performed by the child, the maximum number of working hours per week and the periods of availability. Any subsequent changes to these elements require the written consent of the child's parent or guardian. The employer is also required to keep the form on file for a period of three (3) years.

Key dates

Bill 19 was passed on June 1, 2023. As a result, the prohibition on employing children under the age of 14 applies from that date, subject to the exceptions described above.

As of June 1, 2023:

• The employer of an establishment that is required to identify and analyze risks that may affect the health and safety of workers must, with the participation of the health and safety committee, include the risks that may particularly affect the health and safety of workers aged 16 and under.
• The health and safety representative and liaison officer making recommendations to the health and safety committee or the employer must include those concerning risks that may particularly affect the health and safety of workers under the age of 16 and those concerning tasks that they should not perform given their potential consequences on their physical and psychological development.

No later than 30 days after the Bill is passed:

• The employer who employs a child under the age of 14 covered by one of the exceptions must obtain a CNESST consent form from the person with parental authority.
• The employer who employs a child under the age of 14 who is prohibited from working and who does not benefit from an exception provided for by law must terminate the child's employment and provide the child with:
  • One week's written notice, if the child has three months to less than one year's uninterrupted service;
  • Two weeks' written notice if the child has between one and two years' uninterrupted service;
  • Three weeks' written notice if the child has two or more years of uninterrupted service.

The employer may make the child work for the duration of this notice or pay them a compensatory indemnity equivalent to this duration.

As of September 1, 2023:

• An employer will no longer be able to make a child subject to compulsory school attendance¹ work more than 17 hours a week and more than 10 hours from Monday to Friday.

However, this prohibition will not apply to any period of more than seven (7) consecutive days during which no educational services are offered to the child.

Penalties for non-compliant employers

In light of the above, the coming into force of the Act respecting the regulation of child labour imposes new obligations on employers, some of which require action by employers between now and July 1, 2023. It is therefore important for employers to review their situation to determine whether they have any young workers on the payroll, or whether they intend to hire any in the future. 

Failure to comply with these new obligations could result in substantial financial penalties. First-time offenders are liable to a fine of $600 to $6,000, while repeat offenders can be fined up to $12,000. 

The author wishes to thank Emilie Murakami, law student, for her help in preparing this legal update.