As the ongoing labour shortage continues to plague the workforce, the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) has issued a new bill to protect vunerable students.
Quebec Labour Minister Jean Boulet says the new rule aims to keep kids in school and protect them from workplace injuries.
The number of workplace injuries rose from 10 to 64 from 2017 to 2021 for kids aged 14 and under — an increase of 540 per cent.
Children under 14 prohibited from work
Under the new Bill, the minimum legal working age at set 14. There is currently no minimum age for employment in Quebec. If a child under 14 wants to work, they only need written consent from their parent.
Some limited exceptions
Under the new Bill, the minimum legal working age at set 14 with the following exceptions:
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- creation and performance in certain artistic fields;
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- babysitting and newspaper delivery;
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- homework assistance;
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- 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;
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- work performed in a non-profit sports or social or community organization, such as a summer camp.
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- In the last two situations, the child’s work should be done under adult supervision.
Parental consent is required
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- 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?
If you employ a child under the age of 14 you will be required to provide written notice of termination to the child no later than October 1, 2023. The notice period will be based on the duration of the employee’s uninterrupted service:
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- 3 months to less than 1 year: 1 week;
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- 1 year to 2 years: 2 weeks; and
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- 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.
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.
Take Aways
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- provide 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;
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- obtain the consent of the holder of parental authority, within 30 days of when the bill is passed;
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- limit weekly working hours for workers 16 years of age and under, as of September 1, 2023; and
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- take 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.
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