Bill 19 on the Regulation of Child Labor was passed by the National Assembly on June 1, 2023
The adoption and enactment of the bill mean that employers are now prohibited from employing children under the age of 14, except in certain exceptional cases. Starting September 1, 2023, during the school year, all children subject to compulsory school attendance can work a maximum of 17 hours per week, including 10 hours from Monday to Friday.
Prohibition of Employment for Those Under 14
Children under 14 are prohibited from working, except in cases and conditions determined by regulation.
The Regulation Respecting Labour Standards (the “Regulation”) will outline exceptions where children under 14 will be allowed to work.
Here is the list of exceptions:
- Artist/performer in artistic productions
- Newspaper delivery
- Babysitting
- Homework help and tutoring
- Child working in a family business with fewer than 10 employees, if they are the employer’s child
- Child working in a non-profit organization with a social or community mission, such as a summer camp or recreation organization
- Child working in a non-profit sports organization to assist another person
- Child aged 12 or older working in an agricultural business with fewer than 10 employees to care for animals, prepare or maintain soil, or harvest fruits or vegetables, if it involves light manual work.
Parental Consent is Required
In any of these exceptional situations, the employer must obtain written consent from the holder of parental authority or the guardian using a form established by the Commission des normes, de l’équité, de la santé et de la sécurité du travail. This form will indicate the main tasks, the maximum number of working hours per week, and the child’s availability periods. Any changes to these parameters will require new written consent.
Termination of Employment
Employers with children under 14 in their employ must provide written notice of termination of employment no later than 30 days after the law is enacted. The length of notice will depend on the duration of the employee’s continuous service:
- 3 months to less than 1 year: 1 week;
- 1 year to 2 years: 2 weeks; and
- 2 years or more: 3 weeks.
The employer can either continue to employ the child during this period or provide compensatory pay equivalent to the child’s usual salary at the time of termination.
Infractions and Fines
The enactment of the new law also means higher fines for violations of the provisions concerning child labor contained in the Act Respecting Labour Standards. The maximum fine amounts are doubled, now ranging from $600 to $1,200 for a first offense and from $6,000 to $12,000 for subsequent offenses.
The full text of Bill 19, including all parameters associated with the exceptions, is available on the Quebec National Assembly’s website.
Au Québec, l’instruction des enfants est un droit et aussi une obligation légale. Tout enfant qui est résident du Québec doit fréquenter une école à compter du début de l’année scolaire de ses 6 ans. Cette obligation se poursuit jusqu’au dernier jour de l’année scolaire au cours de laquelle il atteint l’âge de 16 ans ou qu’il obtient un diplôme décerné par le ministre de l’Éducation.