Protecting Child Performers Act, 2015

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Sections69

• [s0]

  Part I General Interpretation

• 1Definitions

  1 (1) In this Act, “child performer” means a child under 18 years of age who performs work or supplies services for monetary compensation in the entertainment industry as a performer, including as a background performer; (“enfant artiste”) “employer” means a person who employs or contracts for the services of a child performer; (“employeur”) “entertainment industry” includes the live entertainment industry and the recorded entertainment industry; (“industrie du spectacle”) “guardian” means a person who has lawful custody of a child, other than the parent of the child; (“tuteur légal”) “live entertainment industry” means the performing arts industry that provides live entertainment in theatre, dance, music, opera or circus; (“industrie du spectacle vivant”) “parent” includes a person who has demonstrated a settled intention to treat a child as a child of his or her family; (“parent”) “pre…

• 1.
• 2Best interests of child performer

  2 (1) The paramount purpose of this Act is to promote the best interests, protection and well being of child performers. Application (2) This Act applies to, (a) child performers; (b) parents and guardians of child performers; and (c) employers.

• 3No contracting out

  3 (1) Subject to subsection (2), no employer or agent of an employer and no child performer or trade union or professional association representing a child performer shall contract out of or waive any right provided in this Act and any such contracting out or waiver is void. Greater right or protection (2) If a provision in an employment contract, collective agreement or another Act applies directly to the same subject matter as a provision in this Act and the provision in the employment contract, collective agreement or other Act provides a greater right or protection to a child performer, the provision in the employment contract, collective agreement or other Act applies and the provision in this Act does not apply.

• 3.
• [s4]

  Part ii rules of general application

• 4Disclosure

  4 (1) Before employing or contracting for the services of a child performer, an employer shall hold a meeting at which the employer shall disclose to the child’s parent or guardian, (a) a general description of the role the child performer will play; (b) the location and hours of rehearsals and performances; (c) any health or safety hazards to which the child performer may be exposed during rehearsals or performances, and the precautions that will be taken to prevent injury to the child performer; (d) any special skills the child performer is expected to perform that require a level of physical proficiency or other skill superior to that of an average child; and (e) any special effects to which the child performer may be exposed. 2015, c. 2, s. 4 (1); 2021, c. 4, Sched. 11, s. 29 (5). Presence at meeting (2) A child performer is entitled to be present at and to participate in a meeting h…

• 4.
• 5Written agreement required

  5 An employer shall not employ or contract for the services of a child performer except under a written agreement.

• 5.
• 6Travel

  6 (1) The parent, guardian or authorized chaperone of a child performer who is under 16 years of age shall accompany the child performer while travelling to or from the workplace. 2015, c. 2, s. 6 (1); 2021, c. 4, Sched. 11, s. 29 (1). Authorized chaperone (2) For the purposes of subsection (1), an authorized chaperone is a person who has reached 18 years of age and who is authorized in writing by a child performer’s parent or guardian to travel to or from the workplace with the child performer. 2015, c. 2, s. 6 (2); 2021, c. 4, Sched. 11, s. 29 (1). Overnight travel (3) If an employer requires a child performer to be away from home overnight, a parent or guardian of the child performer shall accompany the child at all times. 2015, c. 2, s. 6 (3); 2021, c. 4, Sched. 11, s. 29 (1). Overnight travel expenses (4) If subsection (3) applies and the employer does not arrange for or provide, at…

• 6.
• 7Tutoring

  7 An employer shall, in accordance with any prescribed requirements, provide time in the work schedule for a child performer who is of compulsory school age to receive tutoring in accordance with the regulations.

• 7.
• 8Income protection

  8 (1) Subject to subsection (2), if a child performer earns more than $2,000 on a production or project, the employer shall remit 25 per cent of those earnings to a person prescribed in the regulations and the money shall be held in trust for the child performer in accordance with the rules specified in the regulations until the child reaches the age of 18. 2015, c. 2, s. 8 (1). Exception (2) Subsection (1) does not apply if, (a) the child performer is a member of a trade union or professional association and the trade union or professional association negotiates on behalf of the child performer; and (b) the collective agreement that governs the terms of the child performer’s employment or contract requires that, (i) at least 25 per cent of the child performer’s lifetime earnings over $5,000 must be held in trust by the trade union or professional association until the child performer re…

• 8.
• [s10]
• Section Amendments with date in force (d/m/y)

  Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 29 (1) - 19/04/2021 Part IIi Recorded entertainment industry

• 9Application of this Part

  9 This Part applies to child performers, parents and guardians of child performers, and employers in the recorded entertainment industry.

• 9.
• 10Prohibition, child performers under 15 days old

  10 No employer shall employ or contract for the services of a child under 15 days of age as a child performer in the recorded entertainment industry.

• 10.
• [s13]

  Hours of Work

• 11Hours of work

  11 (1) No employer shall require or permit a child performer to work more than eight hours in a day. 2017, c. 2, Sched. 13, s. 2 (1). Overtime (2) Despite subsection (1), if the conditions described in subsection (3) are satisfied, an employer may require or permit a child performer to work overtime hours of not more than, (a) two hours in a day, in the case of a child performer who is 12 years of age or over but under 16 years of age; or (b) four hours in a day, in the case of a child performer who is 16 or 17 years of age. Same, conditions (3) The conditions mentioned in subsection (2) are the following: 1. The child performer is a member of a trade union or professional association and the trade union or association negotiates on behalf of the child performer. 2. The collective agreement that governs the terms of the child performer’s employment or contract contains rules about hourly…

• 11.
• 12Time before recording device and breaks

  12 An employer shall ensure that a child performer, (a) is not before a recording device for longer than 15 consecutive minutes before receiving a break from work that is no less than 20 consecutive minutes, if the child performer is under three years of age; (b) is not before a recording device for longer than 30 consecutive minutes before receiving a break from work that is no less than 15 consecutive minutes, if the child performer is three years of age or over but under six years of age; (c) is not before a recording device for longer than 45 consecutive minutes before receiving a break from work that is no less than 10 consecutive minutes, if the child performer is six years of age or over but under 12 years of age; (d) is not before a recording device for longer than 60 consecutive minutes before receiving a break from work that is no less than 10 consecutive minutes, if the child …

• 12.
• 13No split shifts and rules re meal breaks

  13 An employer, (a) shall not require or permit a child performer to work a split shift; (b) shall ensure that no child performer works more than five consecutive hours of work without a meal break; (c) shall ensure that a child performer’s meal break lasts at least 30 minutes; and (d) shall ensure that a child performer’s meal breaks, if unpaid, are not longer than one hour each. 2017, c. 2, Sched. 13, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 13, s. 4 - 22/03/2017

• 13.
• [s17]

  Supervision in the Workplace

• 14Parental accompaniment

  14 (1) An employer shall ensure that a parent, guardian, or authorized chaperone of a child performer who is under 16 years of age shall be present at the workplace and shall be accessible to the child performer at all times. 2015, c. 2, s. 14 (1); 2021, c. 4, Sched. 11, s. 29 (1). Same, more than one child (2) If two or more child performers under the age of three at the same workplace have the same parent or guardian, the child performers’ employer shall ensure there is one parent, guardian or authorized chaperone to accompany each child. 2015, c. 2, s. 14 (2); 2017, c. 2, Sched. 13, s. 5; 2021, c. 4, Sched. 11, s. 29 (1, 6). Authorized chaperone (3) For the purposes of this section, an authorized chaperone is a person who, (a) has reached 18 years of age; (b) is designated in writing by a child performer’s parent or guardian to be the child performer’s chaperone; (c) does not employ o…

• 14.
• 15Child performers’ co-ordinator

  15 (1) An employer shall designate one person at each workplace as the child performers’ co-ordinator, and the co-ordinator shall be responsible for co-ordinating matters related to the welfare, safety and comfort of child performers. Ratio (2) If six or more child performers work at a particular workplace, the child performers’ co-ordinator shall not also act as the child performers’ tutor.

• 15.
• [s20]

  Part iv live entertainment industry

• 16Application of this Part

  16 This Part applies to child performers, parents and guardians of child performers, and employers in the live entertainment industry.

• 16.
• 17Prohibition, child performers under two and a half years old

  17 No employer in the live entertainment industry shall employ or contract for the services of a child performer under two and a half years of age.

• 17.
• [s23]

  Hours of Work Hours of work

• 18Interpretation

  18 (1) In this section and section 19, “performance phase” means the period during which at least one performance is given following the rehearsal phase; (“période de représentation”) “rehearsal phase” means the period during which rehearsals and other related activities are scheduled in preparation for one or more performances. (“période de répétition”) 2015, c. 2, s. 18 (1). Hours of work during rehearsal phase (2) No employer shall require or permit a child performer to work more hours during a rehearsal phase than the maximums set out in subsections (3) and (4). 2015, c. 2, s. 18 (2). Same, child performer under six (3) The maximum number of hours of work during a rehearsal phase for a child performer who is two and a half years of age or over but under six years of age shall be determined in accordance with the following rules: 1. The maximum number of hours of work in a day is four…

• 18.
• 19Breaks

  19 (1) No employer shall require or permit a child performer to work for longer than two consecutive hours without a break of at least 10 minutes. Meal breaks during rehearsal phase (2) During the rehearsal phase, the employer shall give the child performer an eating period of at least 90 minutes and shall schedule eating periods so that the child performer does not work more than four consecutive hours without an eating period.

• 19.
• [s26]

  Parents and Other Adults in the Workplace

• 20Supervision of child performer over two and a half years of age

  20 (1) The parent or guardian of a child performer who is two and a half years of age or older may designate a chaperone to be available to the child performer while the child performer is at the workplace. 2015, c. 2, s. 20 (1); 2021, c. 4, Sched. 11, s. 29 (1). Who may be chaperone (2) The following persons may be a chaperone: 1. The child performer’s parent or guardian, if the parent or guardian is not working in the same production or project in respect of which the child performer is working. 2. A person who, i. has reached 18 years of age, ii. is not working in the same production or project in respect of which the child performer is working, and iii. is not the child performer’s tutor. 2015, c. 2, s. 20 (2); 2021, c. 4, Sched. 11, s. 29 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 29 (1) - 19/04/2021

• 20.
• 21Child attendants

  21 (1) An employer shall designate a child attendant in accordance with this section to be responsible for monitoring the child performers at the workplace while the child performers are not rehearsing or performing. Who may be child attendant (2) A person may be designated as a child attendant if the person, (a) has reached 18 years of age; (b) is not otherwise working in the same production or project in respect of which the child performers are working; (c) does not tutor any of the child performers in the production or project; and (d) possesses a clean criminal record, as defined in the regulations. Ratios (3) The employer shall ensure that, (a) where the youngest child performer at the workplace is under six years of age, there is at least one child attendant for every six child performers present; (b) where the youngest child performer at the workplace is six years of age or over …

• 21.
• 22Requirement for clean criminal record

  22 An employer shall ensure that prescribed individuals who may be required to be alone with child performers during the course of the individual’s work have a clean criminal record, as defined in the regulations.

• 22.
• [s30]

  Part V health and safety

• 23Training

  23 (1) In addition to the duties of employers in respect of protecting the health and safety of workers under the Occupational Health and Safety Act, an employer shall provide training for a child performer and for the parent, guardian or chaperone of the child performer on the following matters with respect to each location at which the child performer works: 1. Emergency procedures, including health and safety precautions specific to the location. 2. Restricted areas. 3. Safe waiting areas. 4. The location of washrooms, make-up areas and other areas relevant to the child performer’s work. 5. The procedure for identifying and reporting unsafe working conditions. 2015, c. 2, s. 23 (1); 2021, c. 4, Sched. 11, s. 29 (1). Same (2) The employer shall provide training for the child performer in a manner that is appropriate to the child performer’s developmental stage. 2015, c. 2, s. 23 (2). S…

• 23.
• 24Right to refuse work

  24 For the purposes of subsections 43 (3) to (10) of the Occupational Health and Safety Act, if the worker is a child performer under 14 years of age, “worker” includes the child performer’s parent, guardian or chaperone. 2015, c. 2, s. 24; 2021, c. 4, Sched. 11, s. 29 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 29 (1) - 19/04/2021

• 24.
• 25Healthy food

  25 (1) An employer who provides food to child performers shall provide the child performers with healthy snacks and meals at the workplace as close to the child performer’s regular snack and meal times as possible. Same (2) The employer shall ensure that the food provided under subsection (1) meets the child performer’s needs in respect of food allergies and special dietary requirements.

• 25.
• [s34]

  Part vi Enforcement and regulations Enforcement

• 26Application of Employment Standards Act, 2000

  26 (1) The provisions of the Employment Standards Act, 2000 listed in subsection (2) apply with necessary modifications to the application, administration and enforcement of the following provisions of this Act as if they formed part of the Employment Standards Act, 2000: 1. Part II, other than section 4 and subsections 6 (1), (2) and (3). 2. Part III, other than sections 10, 14 and 15. 3. Part IV, other than sections 17, 20, 21 and 22. Same (2) The following provisions of the Employment Standards Act, 2000 apply to the application, administration and enforcement of the provisions of this Act listed in subsection (1): 1. Sections 4, 6, 7 and 8. 2. Part XXI, other than subsections 88 (5), (6), (7) and (8). 3. Section 96. 4. Section 99, other than subsection 99 (6). 5. Section 100, other than subsections 100 (2) and (3) and paragraphs 1 and 2 of subsection 100 (4). 6. Sections 101, 102 and…

• 26.
• 27Regulations

  27 The Lieutenant Governor in Council may make regulations, (a) prescribing a parent or guardian’s maximum daily expenses, travel costs and accommodation costs payable under subsection 6 (4); (b) governing tutoring for child performers during a production or project; (c) prescribing persons who are authorized to hold money in trust for child performers under subsection 8 (1); (d) prescribing rules in connection with the establishment of trusts for the purposes of section 8; (e) governing the time and manner in which money shall be remitted for the purposes of section 8; (f) governing the administration of money held in trust for child performers under section 8; (g) defining “clean criminal record” for the purposes of clause 21 (2) (d) and section 22; (h) prescribing individuals who are required to have a clean criminal record for the purposes of section 22; (i) defining any word or expr…

• 27.
• [s37]
• 28.
• Section Amendments with date in force (d/m/y) #37

  Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 29 (1) - 19/04/2021 Part VII (Omitted)

• 28

  28 Omitted (provides for coming into force of provisions of this Act).

• 29

  29 Omitted (enacts short title of this Act). ______________