Protecting Child Performers Act, 2015, S.O. 2015, c. 2 - Bill 17

• Jurisdiction: Ontario
• Bill Number: 17
• Date: 05 May 2015

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 17 and does not form part of the law. Bill 17 has been enacted as Chapter 2 of the Statutes of Ontario, 2015.

The Bill enacts the Protecting Child Performers Act, 2015. The paramount purpose of the Act is to promote the best interests, protection and well being of child performers in the live entertainment industry and the recorded entertainment industry.

Parts II, III and IV of the Act set out rules relating to the disclosure of terms of employment, tutoring requirements, income protection, hours of work and adult supervision for child performers. Most provisions in Parts II, III and IV are enforced as if they formed part of the Employment Standards Act, 2000.

Part V of the Act sets out rules relating to the health and safety of child performers. Part V and the remaining provisions in Parts II, III and IV are enforced as if they formed part of the Occupational Health and Safety Act.

The Act provides that if there is a conflict between a provision of the Act and a rule contained in a collective agreement, a contract, or another Act, the rule that provides the greatest protection to the child performer prevails.

chapter 2

An Act to protect child performers in the live entertainment industry and the recorded entertainment industry

Assented to May 5, 2015

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Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Part I
General

Interpretation

Definitions

1. (1) In this Act,

“child performer” means a child under 18 years of age who performs work or supplies services for monetary compensation in the entertainment industry as a performer, including as a background performer; (“enfant artiste”)

“employer” means a person who employs or contracts for the services of a child performer; (“employeur”)

“entertainment industry” includes the live entertainment industry and the recorded entertainment industry; (“industrie du spectacle”)

“guardian” means a person who has lawful custody of a child, other than the parent of the child; (“tuteur légal”)

“live entertainment industry” means the performing arts industry that provides live entertainment in theatre, dance, music, opera or circus; (“industrie du spectacle vivant”)

“parent” includes a person who has demonstrated a settled intention to treat a child as a child of his or her family; (“père ou mère”)

“prescribed” means prescribed by a regulation made under this Act; (“prescrit”)

“recorded entertainment industry” means the industry of producing visual or audio-visual recorded entertainment that is intended to be replayed in cinemas, on the Internet, on the radio, as part of a television broadcast, or on a VCR or DVD player or a similar device, and includes the industry of producing commercials; (“industrie du spectacle enregistré”)

“recording device” means any device that records sound or images; (“appareil d’enregistrement”)

“week” means,

(a) a recurring period of seven consecutive days beginning on Monday and ending on Sunday, or

(b) another recurring period of seven consecutive days selected by the employer for the purpose of scheduling work. (“semaine”)

Restriction

(2) For greater certainty,

(a) a reference in this Act to a person as an employee or an employer does not cause the person to be an employee or an employer for the purpose of any other Act or law;

(b) a reference in this Act to an agreement as a collective agreement does not cause the agreement to be a collective agreement for the purpose of any other Act or law; and

(c) a reference in this Act to an entity as a trade union does not cause the entity to be a trade union for the purpose of any other Act or law.

Purpose and application

Best interests of child performer

2. (1) The paramount purpose of this Act is to promote the best interests, protection and well being of child performers.

Application

(2) This Act applies to,

(a) child performers;

(b) parents and guardians of child performers; and

(c) employers.

No contracting out

3. (1) Subject to subsection (2), no employer or agent of an employer and no child performer or trade union or professional association representing a child performer shall contract out of or waive any right provided in this Act and any such contracting out or waiver is void.

Greater right or protection

(2) If a provision in an employment contract, collective agreement or another Act applies directly to the same subject matter as a provision in this Act and the provision in the employment contract, collective agreement or other Act provides a greater right or protection to a child performer, the provision in the employment contract, collective agreement or other Act applies and the provision in this Act does not apply.

Part ii
rules of general application

Disclosure

4. (1) Before employing or contracting for the services of a child performer, an employer shall hold a meeting at which the employer shall disclose to the child’s parent or guardian,

(a) a general description of the role the child performer will play;

(b) the location and hours of rehearsals and performances;

(c) any health or safety hazards to which the child performer may be exposed during rehearsals or performances, and the precautions that will be taken to prevent injury to the child performer;

(d) any special skills the child performer is expected to perform that require a level of physical proficiency or other skill superior to that of an average child; and

(e) any special effects to which the child performer may be exposed.

Presence at meeting

(2) A child performer is entitled to be present at and to participate in a meeting held under subsection (1).

Ongoing disclosure

(3) The employer shall disclose any proposed changes to the matters listed in subsection (1), and the employer shall not implement any of the proposed changes without the written agreement of the child performer’s parent or guardian.

Script

(4) Before production begins, the employer shall provide the child performer with the portions of the script that relate to the child performer’s role.

Written agreement required

5. An employer shall not employ or contract for the services of a child performer except under a written agreement.

Travel

6. (1) The parent, guardian or authorized chaperone of a child performer who is under 16 years of age shall accompany the child performer while travelling to or from the workplace.

Authorized chaperone

(2) For the purposes of subsection (1), an authorized chaperone is a person who has reached 18 years of age and who is authorized in writing by a child performer’s parent or guardian to travel to or from the workplace with the child performer.

Overnight travel

(3) If an employer requires a child performer to be away from home overnight, a parent or guardian of the child performer shall accompany the child at all times.

Expenses

(4) The employer shall be responsible for paying the parent or guardian’s daily expenses and the costs of travel and accommodation up to the prescribed maximums.

Tutoring

7. An employer shall, in accordance with any prescribed requirements, provide time in the work schedule for a child performer who is of compulsory school age to receive tutoring in accordance with the regulations.

Income protection

8. (1) Subject to subsection (2), if a child performer earns more than $2,000 on a production or project, the employer shall remit 25 per cent of those earnings to a person prescribed in the regulations and the money shall be held in trust for the child performer in accordance with the rules specified in the regulations until the child reaches the age of 18.

Exception

(2) Subsection (1) does not apply if,

(a) the child performer is a member of a trade union or professional association and the trade union or professional association negotiates on behalf of the child performer; and

(b) the collective agreement that governs the terms of the child performer’s employment or contract requires that,

(i) at least 25 per cent of the child performer’s lifetime earnings over $5,000 must be held in trust by the trade union or professional association until the child performer reaches the age of 18 in accordance with the agreement,

(ii) money held in trust must be dealt with in accordance with the Trustee Act, and

(iii) the trade union or professional association must provide the child performer and his or her parent or guardian with an annual statement respecting the money held in trust for the child performer.

Part IIi
Recorded entertainment industry

Application of this Part

9. This Part applies to child performers, parents and guardians of child performers, and employers in the recorded entertainment industry.

Prohibition, child performers under 15 days old

10. No employer shall employ or contract for the services of a child under 15 days of age as a child performer in the recorded entertainment industry.

Hours of Work

Hours of work

11. (1) No employer shall require or permit a child performer to work more in a day than,

(a) four hours, in the case of a child performer who is under two years of age; and

(b) eight hours, in the case of a child performer who is two years of age or over.

Overtime

(2) Despite subsection (1), if the conditions described in subsection (3) are satisfied, an employer may require or permit a child performer to work overtime hours of not more than,

(a) two hours in a day, in the case of a child performer who is 12 years of age or over but under 16 years of age; or

(b) four hours in a day, in the case of a child performer who is 16 or 17 years of age.

Same, conditions

(3) The conditions mentioned in subsection (2) are the following:

1. The child performer is a member of a trade union or professional association and the trade union or association negotiates on behalf...