Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 55, No. 13

146/2012

The British Columbia Gazette,

Part II

July 3, 2012

B.C. Reg. 146/2012 , deposited June 25, 2012, pursuant to the EMPLOYMENT STANDARDS ACT [section 127] and the PUBLIC GUARDIAN AND TRUSTEE ACT [section 23]. Order in Council 490/2012, approved and ordered June 22, 2012.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective July 1, 2012,

(

a) the Employment Standards Regulation, B.C. Reg. 396/95, is amended as set out in the attached

Schedule 1, and

(

b) the Public Guardian and Trustee Fees Regulation, B.C. Reg. 312/2000, is amended as set out in the attached

Schedule 2.

— M. MACDIARMID, Minister of Labour, Citizens' Services and Open Government ; S. BOND, Minister of Justice and Attorney General ; M. MCNEIL, Presiding Member of the Executive Council .

Schedule 1

Section 45.1 of the Employment Standards Regulation, B.C. Reg. 396/95, is amended by adding " or 3 " after " Division 2 ".

2 Division 2 of

Part 7.1 is amended

(

a) by repealing the heading and substituting the following:

Division 2 – Children in Recorded Entertainment Industry , and

(

b) by adding " recorded " before " entertainment industry " wherever it appears.

Part 7.1 is amended by adding the following Division:

Division 3 – Children in Live Entertainment Industry

Definition and application

45.15

(1) In this Division, "live entertainment industry" means the performing arts industry that provides live entertainment in theatre, dance, music, opera or circus.

(2) This Division applies in respect of the employment in the live entertainment industry of children 4 to less than 15 years of age as performers, including background performers and extras, and establishes conditions of employment for those children.

(3) For the purposes of subsection (2), employment in the live entertainment industry is employment at rehearsals and performances associated with the provision of live entertainment.

Exclusions from the Act

45.16 Sections 9 (2) to (4), 36 and 37 of the Act do not apply to children in respect of whom this Division applies.

Limits on daily hours

45.17

(1) Subject to subsections (2) and (3), the employer of a child in the live entertainment industry must not require or allow the child to work more than 8 hours in a day.

(2) The employer of a child in the live entertainment industry may require or allow the child to work up to 12 hours in a day, if the child does not work at a performance on that day.

(3) Subsection (2) applies on no more than 4 days for each production.

(4) The employer of a child in the live entertainment industry must not require or allow the child to report for work earlier than 7:00 a.m. on any day.

(5) The employer of a child in the live entertainment industry must ensure that, on any day, the child's shift ends no later than 12:30 a.m.

Hours free from work

45.18

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

(

a) ensure that the child has at least 36 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 36 hour period the child would otherwise be entitled to have free from work.

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

Chaperones

45.19

(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 a performer in the same rehearsal or performance, 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,

(iii) is not the child's employer or tutor or an employee of either, and

(iv) is not working as a performer in the same rehearsal or performance, except as a background performer or extra.

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

(

a) the child has a chaperone at the work location, and

(

b) 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

4 years to less than 6 years

6 years to less than 10 years

10 years to less than 15 years

Income protection

45.20 If a child employed in the live entertainment industry earns more than $1 000 in a week, the employer must remit 25% of any earnings over $1 000 to the Public Guardian and Trustee to hold in trust for the child.

Schedule 2

1 Column 1 of Item 3 of the Fee

Schedule of the Public Guardian and Trustee Fees Regulation, B.C. Reg. 312/2000, is amended by striking out everything after the heading "Employment Standards Act" and substituting the following:

Administering money in trust for a child under

(

a) the conditions of employment set under

section 9 (3) of the Act, or

(

b) section 45.14 or 45.20 of the Employment Standards Regulation, B.C. Reg. 396/95.

Copyright © 2012: Queen's Printer, Victoria, British Columbia, Canada