Employment Standards Regulation
Part 7.1 - Conditions of Employment for Children
Division 2 - Children in Entertainment Industry


Division 2 - Children in Entertainment Industry

Definitions and application
   
45.5

(1) In this Divison:
"entertainment industry" means

(a) the film, radio, video or television industry, or
(b) the television and radio commercials industry;

"recording device" means any device that records sound or images.

(2) This Division applies in respect of the employment in the entertainment industry of children under 15 years of age as actors, including background performers and extras, and establishes conditions of employment for those children.

 
Exclusions from the Act
   
45.6 Sections 9 (2) to (4), 33, 36 and 37 of the Act do not apply to children in respect of whom this Division applies.
 
Minimum age
   
45.7 A person must not employ a child in the entertainment industry if the child is less than 15 days old.
 
Limits on daily hours
   
45.8

(1) In this section, "school day" means, in relation to a child, a day on which the child's school is in session.

(2) The employer of a child in the entertainment industry must ensure that, on any day that the employer requires the child to report for work at any location designated by the employer, the child's shift ends no later than

(a) 8 hours after the child reports for work at that location, if the child is under 12 years of age, or
(b) 10 hours after the child reports for work at that location, if the child is 12 to less than 15 years of age,

unless the employer receives prior written approval from the director.(3) The employer of a child in the entertainment industry must not require the child to report for work earlier than 5:00 a.m. on any day unless the employer receives prior written approval from the director.(4) The employer of a child in the entertainment industry must ensure that the child's shift ends no later than the following times unless the employer receives prior written approval from the director:

(a) if the child's school is in session,

(i) 10:00 p.m. if the next day is a school day, and
(ii) 12:30 a.m. if the next day is not a school day;

(b) if the child's school is not in session, 2:00 a.m.

No split shifts and maximum limit on breaks
   
45.9

The employer of a child in the entertainment industry

(a) must not require or allow the child to work a split shift, and
(b) must enusre that the child's meal breaks are not longer than 1 hour each.

 

Time before recording device and breaks

   
45.10

If a child employed in the entertainment industry is of an age specified in Column 1 of the following table, the employer must ensure that the child

(a) is not before a recording device for longer than the amount of time specified opposite that age in Column 2 before receiving a break under paragraph (b), and
(b) receives a break, between times spent before a recording device, that is no less than the amount of time specified opposite that age in Column 3.

Column 1

Age

Column 2

Time before
Recording Device

Column 3

Breaks

less than 3 years of age
15 consecutive minutes
20 consecutive minutes
3 years to less than 6 years of age
30 consecutive minutes
15 consecutive minutes
6 years to less than 12 years of age
45 consecutive minutes
10 consecutive minutes
12 years to less than 15 years of age
60 consecutive minutes
10 consecutive minutes
 
Hours free from work
   
45.11

(1) The employer of a child in the entertainment industry must either

(a) ensure that the child has at least 48 consecutive hours free from work each week, or
(b) pay the child 1 1/2 times the regular wage for time worked by the child during the 48 hour period the child would otherwise be entitled to have free from work.

(2) The employer of a child in the entertainment industry must ensure that the child has at least 12 consecutive hours free from work

(a) between each shift worked, and
(b) before the child is scheduled to attend school.

 
Work week
   
45.12

The employer of a child in the entertainment industry must not require or allow the child to work more than

(a) 5 days in a week, or
(b) if the director approves in writing, 6 days in a week.

 
Chaperones
   
45.13

(1) In this section:
"chaperone" means, in relation to a child referred to in this section,

(a) the child's parent or guardian, if the parent or guardian has reached 19 years of age and is not working as an actor in the production, except as a background performer or extra, or
(b) a person who

(i) has reached 19 years of age,
(ii) is designated chaperone by the child's parent or guardian, and
(iii) is not the child's employer or tutor or an employee of either.

(2) The employer of a child in the entertainment industry must ensure that

(a) the child has a chaperone on the production set, and
(b) subject to subsection (3), if the child is of an age specified in Column 1 of the following table, the chaperone under paragraph (a) is not, at the same time, chaperone for more than the number of children specified opposite that age in Column 2.

Column 1
Age of Child
Column 2
Number of Children
per Chaperone
15 days to less than 6 years
1
6 years to less than 12 years
3
12 years to less than 15 years
5

(3) If

(a) the child under subsection (2) is 12 to less than 15 years of age, and
(b) the child's chaperone is the child's parent or guardian and is working as a background performer or extra on the same production set,

the employer must ensure that the chaperone is not, at the same time, chaperone for more than 2 other children on the production set.

Income protection
   
45.14 If a child employed in the entertainment industry earns more than $2000 on a production, the employer must remit 25% of any earning over $2000 to the Public Guardian and Trustee to hold in trust for the child.