Interpretation Guidelines Manual
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| ESR Part 7.1 - Division 2 - Children in Entertainment Industry | |||||||||||||||||||||||
Contents: Summary Text of Legislation Policy Interpretation Related Information |
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| Summary This Division of Part 7.1 explains the conditions of employment for children, employed in specified occupations in the entertainment industry, an employer must comply with when employing a child under 15 years of age. Refer to Division 1 in this regulation concerning the employment of children not employed under Division 2 in the entertainment industry. Note: Under s.9(1) of the Act: “A person must not employ a child under 15 years of age unless the person has obtained the written consent of the child’s parent or guardian”.
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| Text of Legislation
Definitions and application 45.5 (1) In this Division: “entertainment industry” means (a) the film, radio, video or television industry, or“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, orunless 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 5:00a.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,No split shifts and maximum limit on breaks 45.9 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) must not require or allow the child to work a split shift; andTime 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
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(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, andWork 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, orChaperones 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(2) The employer of a child in the entertainment industry must ensure that (a) the child has a chaperone on the production set, and
(3) If (a) the child under subsection (2) is 12 to less than 15 years of age, andIncome protection 45.14 If a child employed in the entertainment industry earns more than $2,000 on a production, the employer must remit 25% of any earnings over $2,000 to the Public Guardian and Trustee to hold in trust for the child.
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| Policy Interpretation A determination naming an employer in contravention of any section of this Division will include a mandatory escalating penalty. 45.5 This section establishes that in the ES Regulation Part 7.1 Division 2-Children in Entertainment Industry applies to children under 15 years of age who are employed as actors, including background performers and extras in the entertainment industry. Children employed in the entertainment industry, other than as actors, are covered by s.9 of the Employment Standards Act and ES Regulation Part 7.1 Division 2-Children generally. The definitions of “entertainment industry” and “recording device” only apply to Division 2-Children in Entertainment Industry 45.6 Children covered by Division 2 are excluded from the following sections of the Act:
45.8 (1) A “school day” in session includes any day a school is in session including work study and work experience programs, examinations, or other learning activities. A “school day” does not include non- instructional days or teachers’ “professional days”, weekends, and scheduled school breaks. (2) If the child is under 12 years of age an employer cannot employ the child longer than 8 hours after reporting to work. If the child is 12 to less than 15 years of age an employer cannot employ the child longer than 10 hours after reporting to work. Meal breaks are not part of the 8 and 10 hours limits on daily hours. Before an employer can require or allow a child to work longer than 8 and 10 hours as noted above, the employer must receive prior written approval from the director. Only in exceptional circumstances would a child be approved to work longer than the daily limits required by this section. (3) An employer must ensure that a child is not required to report to work before 5:00 a.m. on any day of the week. Before an employer can require a child to work before 5:00 a.m., subject to 45.8(4), the employer must receive prior written approval from the director. Only in exceptional circumstances would a child be approved to work before 5:00 a.m. (4) An employer must ensure when a child’s school is in session the child’s shift ends no later than 10:00 p.m. if the next day is a school day, and 12:30 a.m. if the next day is not a school day. An employer must ensure when a child’s school is not in session a child’s shift ends no later than 2:00 a.m. If the employer needs a child to work after the times noted above in this subsection the employer must receive prior written approval from the director. Only in exceptional circumstances would a child be approved to work later than the shift ending times stipulated by this section. 45.9 This section requires an employer to limit a child’s meal break to a maximum of 1 hour. 45.10 This section requires an employer to ensure the time a child spends before a recording device does not exceed the maximum specified. This section also requires an employer to ensure the break time a child receives between times spent before a recording device is not less than the minimum specified. The maximum amount of time allowed before a recording device and the minimum break time between times spent before a recording device are dependent on the age of the child. 45.11 (1) An employer must ensure a child receives at least 48 consecutive hours away from work each week. For purposes of this section, under Part 1, Definitions, “week” means a period of 7 consecutive days beginning on any day. If a child does not have 48 consecutive hours free from work each week the employer must pay the child 1.5 times the regular rate of pay for time worked during a 48-hour period sometime during the week. (2) An employer must ensure a child receives at least 12 consecutive hours free from work between each shift worked. An employer must ensure that a child receives at least 12 consecutive hours free from work before the child is scheduled to attend school. 45.12 An employer must ensure that a child does not work more than 5 days in a week. For purposes of this section, under Part 1, Definitions, “week” means a period of 7 consecutive days beginning on any day. Before the employer can require or allow a child to work longer than 5 days in a week, the employer must receive prior written approval from the director. The director cannot authorize an employer to employ a child 7 consecutive days. 45.13 (1) A “chaperone” for the purposes of this section means a 19 year old person who is either: The child’s parent or guardian and is not employed as an actor in the production. (The chaperone may be a background performer or extra in the production), or Is designated as a “chaperone” by the child’s parent or guardian and is not the child’s employer or tutor or an employee of either. (2) The employer must ensure a child is accompanied by a “chaperone” when the child is on the production set. The employer, subject to subsection (3), must ensure that each “chaperone” is not chaperoning more children than specified by this subsection. An employer must ensure that a person who is designated as a chaperone by the child’s parent or guardian and is not the child’s employer or tutor or employee of either does not chaperone more than the total number of children specified. (3) An employer must ensure that a chaperone of a child 12 to less than 15 years of age who is also the child’s parent or guardian and employed as a background performer or extra on the same production set as the child does not at the same time chaperone more than 2 other children on the production set. 45.14 This section only applies when a child earns more than $2,000 on a production. An employer must ensure the Public Guardian and Trustee receives 25% of a child’s earnings above $2,000 on a production.
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| Related Information Related sections of the Act or Regulation
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