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Volume 46, No. 24

B.C. Reg. 431/2003

The British Columbia Gazette,

Part II

December 2, 2003

B.C. Reg. 431/2003, deposited November 28, 2003, pursuant to the EMPLOYMENT STANDARDS ACT [Section 127] and the SKILLS DEVELOPMENT AND LABOUR STATUTES AMENDMENT ACT, 2003 [Section 28]. Order in Council 1148/2003, approved and ordered November 27, 2003.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective December 14, 2003,

(

a) sections 1 to 15 of the Skills Development and Labour Statutes Amendment Act, 2003 , are brought into force, and

(

b) the Employment Standards Regulation, B.C. Reg. 396/95, is amended as set out in the attached schedule. — G. BRUCE, Minister of Skills Development and Labour; C. CLARK, Presiding Member of the Executive Council.

Schedule

1 The Employment Standards Regulation, B.C. Reg. 396/95, is amended by adding the following Part:

Part 7.1 — Conditions of Employment for Children

Division 1 — Children Generally

Application

45.1 This Division establishes conditions of employment for children 12 to less than 15 years of age but does not apply in respect of the employment of those children to whom Division 2 applies.

Exclusions from the Act

45.2

Section 37 of the Act does not apply to children in respect of whom this Division applies.

Limits on working hours

45.3

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

(2) An employer of a child must not require or allow the child to work on a school day at a time when the child is scheduled to attend.

(3) An employer of a child must not require or allow the child to work

(

a) more than 4 hours on a school day,

(

b) more than 7 hours on a day that is not a school day, unless the employer receives prior written approval from the director,

(

c) more than 20 hours in a week that has 5 school days, and

(

d) in any case, more than 35 hours in a week.

Adult supervision required

45.4 An employer of a child must ensure that the child works only under the direct and immediate supervision of a person who has reached 19 years of age.

Division 2 — Children in Entertainment Industry

Definitions and application

45.5

(1) In this Division:

"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 ensure 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 1½ 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

6 years to less than 12 years

12 years to less than 15 years

(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 $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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