Working kids (employment of children in Canada is regulated by law).

• Author: Moscardelli, Anna Marie

Everyone is familiar with the abuses of child labour during the early part of the Industrial Revolution. During that time, no protection existed in regard to the employment of children. Since then, all Canadian jurisdictions have enacted legislation to protect young persons from exploitation. The focus of this paper will be on the legislation in Alberta which illustrates the general approach taken across Canada. However, the reader should consult the applicable legislation in each province for the specific details.

The primary source of regulation of the employment of children in Alberta is found under the Employment Standards Code and the relevant Regulations. The starting point is Section 65 and Section 66 of the Employment Standards Code. Under Section 65, no individual under 15 years of age may be employed without the written consent of the individual's parent or guardian and the approval of the Director of Employment Standards, unless the Regulations and conditions specified in Section 66 are complied with. Further, no person may, during normal school hours, employ or permit to work on the person's premises, an individual who is required to attend school under the School Act, again unless those conditions under Section 66 are complied with. The conditions under Section 66 are that the individual must be

* excused from school attendance under the School Act for the purpose of vocational training through employment, or

* enrolled in a work experience program approved under the School Act.

The other exception to Section 65 is where the minor is employed in "ranching" or "agriculture" as defined in the legislation. The Regulations passed by the Lieutenant Governor in Council are contained in Part 5 of the Employment Standards Code Regulations. The Regulations deal primarily with the conditions for employment of children outside of normal school hours. Under the Regulations, "adolescent" is defined as an individual 12 years or older but under 15 years old. A "young person" is an individual 15 years old or older, but under 18 years old. Under the Regulations, the Lieutenant Governor in Council is also empowered to approve other exceptions and to impose conditions on the employment.

No employer may employ an "adolescent" outside of normal school hours unless the adolescent is employed as a

* delivery person of small wares for a retail store,

* clerk or messenger in an office,

* clerk in a retail store,

*...