Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 138) sur l'âge minimum, 1973 - Canada (Ratification: 2016)

Article 3(1) and (2) of the Convention. Hazardous work.With regard to the minimum age for admission to hazardous work and determination of types of hazardous work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that some provinces (such as British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island (PEI) and Saskatchewan) prohibit certain hazardous types of work only to children under 16 years. Hence, children between 16 and 18 years are allowed to perform certain types of hazardous work. In this regard, the Committee noted the observations made by the Canadian Labour Congress (CLC) that surveys of young people suggested that underage work in Canada is common, in both hazardous and non-hazardous work, and that there was a high prevalence of work-related injuries of young workers, mainly in Canada’s agricultural sector, which is evident from the millions of dollars in disability claims paid out to children injured at work. The CLC stated that agriculture, where underage workers are commonly found, is the most hazardous of any industry and occupation in Canada.

The Committee notes the detailed information provided by the Government in its report regarding the measures taken by the provinces to ensure the health and safety of young persons who perform hazardous work, including in the agricultural sector. It notes that the Governments of all concerned provinces and territories report that young workers are protected by their various occupational safety and health laws, in the same way as other workers, and that this includes the requirement that employers provide sufficient information, instruction, training and close supervision that is necessary to protect the health and safety of the workers.

The Committee notes that additional measures are taken by the provincial and territorial Governments. For example, in British Columbia, the Government is finalizing its work to prescribe the specific types of work and industries which will be accessible to young persons between 16 and 19 and the specific age of admission for each, in application of the Employment Standards Amendment Act, 2019. In Manitoba, SAFE Work Manitoba provides a number of safety resources for farm employers and workers, such as the Safety and Health Guide for Manitoba Farms. In Newfoundland and Labrador, the Workplace Injury Prevention Strategy 2018–2022 (“Advancing a Strong Safety Culture in Newfoundland and Labrador”) – implemented by Workplace NL, the province’s employer-funded, no fault workplace injury insurance system – includes “young workers” as one of its eight injury and illness priorities. In NovaScotia, the Society of Farm Safety Nova Scotia – established as a non-profit organization in 2010 – works with the Government to keep farmers, their families and their employees safe through giving farmers the tools and resources to operate safe and productive farms. In Ontario, the Ministry of Agriculture, Farming and Rural Affairs (OMAFRA) maintains an ongoing, active relationship with the Ministry of Labour, Training and Skills Development (MLTSD) in support of MLTSD’s health and safety oversight for all workplaces, including those with young workers in the agriculture and agri-food sectors. In PEI, the safety and health of workers is insured by the Farm Safety Specialist at the Workers Compensation Board, who inspects farm workplaces where children aged 16 to 18 may be working and issues orders in cases of non-compliance with the Occupational Health and Safety Act. The farming sector on PEI also has a Farm Safety Code of Practice which provides guidance on hazardous occupations in the agricultural sector to assist farm employers with complying with the OHS Act. In Quebec, the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) published an information document for the security of children in farms, for the benefit of their parents, which presents several recommendations for the safety of children and young people who find themselves in that working environment, including those who are involved in certain tasks. In Saskatchewan, the Ministry responsible for labour and workplace safety issues continues to partner with the Workers’ Compensation Board to provide educational programs and informational materials for workers and employers to ensure workers’ health and safety in the workplace. Additionally, the two agencies continue to work together – in consultation with stakeholders and interested parties – on a fatalities and serious injuries strategy to continue to reduce the number of injuries and deaths that occur at the workplace. Finally, in the Northwest Territories, the Government indicates that the agricultural industry is not significant, therefore a specific prohibition of the employment of youth in agriculture is deemed unnecessary for the time being. The Committee encourages the Government to continue its efforts to ensure that children under 18 years of age only be permitted to perform work in agriculture on the condition that their health and safety are protected and that they receive adequate specific instruction. It also requests the Government to continue to strengthen the capacity of the institutions responsible for the monitoring of child labour in agriculture, to protect child agricultural workers from hazardous work. In this regard, the Committee requests the Government to provide detailed statistical information on child labour in agriculture, including the number and nature of child labour violations detected and penalties applied.

Article 8. Artistic performances. The Committee previously requested the Government to indicate whether New Brunswick, Newfoundland and Labrador, Nova Scotia, PEI, Quebec, Saskatchewan, Northwest Territories, Yukon and Nunavut have provisions regulating the employment of children under 16 years in artistic performances.

1. PEI, Nova Scotia, Nunavut, Saskatchewan, Northwest Territories, and New Brunswick. The Committee notes the information provided by the Government in this regard. PEI, Nova Scotia, Nunavut and Saskatchewan do not have specific provisions in place related to this issue (but this may be an area that Saskatchewan might consider as part of the consultations on provisions of the Saskatchewan Employment Act planned for 2022–23). In Northwest Territories, the Government indicates that there is no significant demand for the employment of children in artistic performances; as such, specific regulations dealing with this type of employment are not considered necessary. In New Brunswick, the employment of children in artistic performances is encompassed in the provisions of the Employment Standards Act and the Occupational Health and Safety Act, with work permit applications being reviewed by the Employment Standards Branch. The Committee observes that the permit application form includes questions on the number of hours and the nature of the employment involved.

2. Québec and Newfoundland and Labrador. In Quebec and in Newfoundland andLabrador, the engagement of children in artistic performances is regulated through collective agreements in various sectors of the arts industry. In Newfoundland and Labrador, industry associations under the Status of the Artist Act regulate such matters. The Government indicated that the 2019–21 Independent Production Agreement of the Alliance of Canadian Cinema, Television and Radio Artists sets the standards for minors, in accordance with its article A27. The Committee observes that article A27 of the Agreement provides in detail for the safety and extra care given to the proper health, education and morals of minors engaged in the industry - including prescriptions on the workdays and rest periods, the time allowed before camera or in rehearsal, the mandatory presence of a parent, and the provision of tutoring. The Committee therefore requests the Government to provide information on the application of these provisions in practice, including statistics on the employment of children and young persons in artistic performances, extracts from the reports of the inspection services and information on the number and nature of the contraventions reported.

Article 9(3). Keeping of registers. The Committee previously requested the Governments of PEI and Quebec to indicate if any laws or regulations had been adopted requiring employers to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention.

The Committee notes the Government’s information that both PEI (Employment Standards Act, section 5.6(1)) and Quebec (“Règlement sur la tenue d’un système d’enregistrement ou d’un register”, Chapter N1.1, r.6) have legislation requiring employers to maintain records that include the employee’s name and date of birth (if the employee is under 18 in the case of Quebec).

Application of the Convention in practice. Following its previous comments, the Committee notes from the Labour Force Statistics Table of Canada (monthly, seasonally adjusted and trend-cycle) that, as of May 2021, of the 2,054,800 young persons aged 15–19 years in Canada, 1,012,300 were in the labour force, among which 799,400 in employment, including paid work and unpaid family work, and 203,400 in full-time employment, i.e. persons who work 30 hours or more per week at their main or only job. The Committee requests the Government to continue providing a general appreciation of the manner in which the Convention is applied in practice. It also requests the Government to continue to provide statistical information on the number of children and young persons, under the age of 16 years in particular, who are employed in Canada.