Authored by: Lisa Harris and Jessica Proudfoot
Federal employers, including First Nations employers, should be aware that as of June 12, 2023, the minimum age of employment is now 18 years of age (increased from 17 years). This reflects changes to the Canada Labour Code and Canada Labour Standards Regulations to bring them into alignment with the International Labour Organization’s Minimum Age Convention, which Canada signed in 1973. This means First Nations employers may not employee persons under the age of 18, in any kind of work:
- if they are required, under provincial law, to be in school, or
- if that work is likely to be injurious to their health or to endanger their safety.
An employee under the age of 18 years cannot work between 11 p.m. on one day and 6 a.m. on the following day and cannot be employed in certain industries or environments, including:
- work in an underground mine;
- work that involves entering a place they are prohibited from entering under the Explosives Regulations, 2013;
- work that would make them a nuclear energy worker as defined in the Nuclear Safety and Control Act; or
- they are prohibited from doing under the Canada Shipping Act, 2001 by reason of their age: Canada Labour Code, 179; Canada Labour Standard Regulations, s. 10(1)(b)(i)-(iv).
Are There Any Exceptions?
If current employees were 17 years old on June 12, 2023, then they are considered to be 18 years of age for the purposes of the Canada Labour Code as long as they stay at the same employer and in the same position they held on June 12, 2023.
Risk of Penalties
Contravention of the minimum age provisions may result in significant administrative monetary penalties for employers (e.g. for each violation, a penalty in the range of $3,500 to $25,000 plus penalties for past non-compliance). The amount of the penalty will depend on various factors, including the size of the employer, the type of violation, and the history of non-compliance.
Recommended Action
First Nations employers should review their hiring policies and procedures to ensure consistency with the revised Code and Standards Regulations. All hiring policies should acknowledge and incorporate the new minimum age in the eligibility requirements for positions.
If there are inconsistencies (or you are unsure if your current hiring policies are compliant with the revised Code and Standards Regulations) your Woodward and Company lawyer can provide advice.