Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Minimum Age Convention, 1973 (No. 138) - Canada (Ratification: 2016)

The Committee takes note of the observations of the Canadian Labour Congress (CLC) of 31 August 2024, communicated with the Government’s report.

Articles 2(1) and 3(1) of the Convention. Minimum age for admission to employment or work and hazardous work. In previous comments, the Committee noted that Canada specified a minimum age of 16 years for admission to employment or work within its territory. The Committee recalls that it previously noted the Government’s statement that, considering that every provincial and territorial jurisdiction has enacted provisions related to mandatory school attendance until at least 16 years of age and to the fact that children who are required to attend school may not be employed during school hours, the minimum age for admission to employment throughout Canada is de facto 16 years.

The Committee takes note of the CLC’s observations according to which surveys of young people suggest that underage work in Canada is common, in both hazardous and non-hazardous work. The CLC refers to the significant incidence of work-related injury, indicated by the prevalence of burns, cuts and falls reported by minors and the millions of dollars in disability claims paid out to children injured on the job. In addition, in 2022, five young people aged 15 to 19 were killed on the job, the same number as died the previous year. According to the CLC, along with stronger compliance enforcement, imposing and raising the minimum age of employment appear to have had salutary benefits for reducing work-related injuries and fatalities. The CLC refers to Quebec in particular, where the immediate effect of the establishment of a minimum age for admission to work in 2023 was a 40 per cent year-over year reduction in work-related accidents among workers under 14, and a 17 per cent drop for workers aged 16 and under. For these reasons, the CLC is of the opinion that the Government of Canada, along with its provincial and territorial counterparts, should not rely on an implicit minimum age of employment but rather commit to an explicit minimum age as a uniform standard in Canada.

The Committee recalls that, in order for the minimum age for admission to employment to be effectively 16 years, which would be consistent with the minimum age specified by Canada at the time of ratification of the Convention, it is imperative that children under the age of 16 are, in practice, fully prevented from engaging in child labour. The Committee therefore requests the Government to ensure that federal, provincial and territorial legislation regulating the prohibition of child labour, compulsory school attendance, the working conditions and hours of work of children, as well as the occupational safety and health framework, are effectively enforced in practice so as to prevent children from engaging in child labour, including hazardous work. It requests the Government to provide information on the measures taken in this regard and the progress achieved.

Article 3(3). Admission to hazardous types of work from the age of 16 years. Following its previous comments, the Committee takes note of the Government’s information, in its report, regarding certain measures taken by the provinces to ensure the health and safety of young persons who perform hazardous work, including in the agricultural sector. New information pertains in particular to Quebec, whose government indicates that the new Act respecting the regulation of work by children of 2023 aims primarily to modernize the legislative framework relating to child labour to ensure their health and safety in the workplace. The Government indicates that, as a result, workplaces, including the agricultural sector, have new occupational health and safety obligations for employers, health and safety committees, health and safety representatives and health and safety liaison officers, who must now include, in the identification and analysis of risks, those that may affect the health and safety of workers.

The Committee further observes that the CLC reiterates observations it had previously made, whereby agricultural work, which is particularly hazardous, is where underage workers are commonly found, and that far too often young people are injured, or even killed, while working in Canada’s agricultural sector. In addition, the CLC specifies that farming in Canada is primarily a commercial enterprise, is rarely conducted for local consumption, and that even family farms typically bear greater resemblance to industrial workplaces than subsistence holdings. The CLC recommends that the risk and hazards of underage agricultural labour receive greater attention in the promotional activities and materials produced by the Government of Canada.

The Committee recalls that, pursuant to Article 3(3) of the Convention, only children from the age of 16 may be permitted to engage in hazardous work, and only on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. While taking note of certain measures taken by the Government, the Committee strongly encourages the Government to strengthen its efforts to ensure that children under the age of 16 are prevented from engaging in any type of hazardous work in agriculture, and that young persons aged 16 to 18 years are only permitted to perform such work on the condition that their health and safety are protected and that they receive adequate specific instruction, in compliance with Article 3(3) of the Convention. In this regard, the Committee once again requests the Government to continue to strengthen the capacity of the institutions responsible for the monitoring of child labour in agriculture, and to provide information on the progress made in this regard. It also encourages the federal, provincial and territorial governments to strengthen the measures taken to raise awareness of the health risks to which young persons employed in the agricultural sector are exposed.

Article 7(1) and (3). Age for admission to light work and determination of light work activities. Manitoba and Saskatchewan. The Committee notes with interest the information provided by the Government regarding the restrictions placed by the Employment Standards of Manitoba on the work of children from the age of 13, including a list of prohibited activities that include work on construction sites, in industrial or manufacturing processes, in pruning, repairing or maintaining trees or shrubs, and more. Moreover, children over the age of 13 and under the age of 16 may not work without direct adult supervision. The Committee also notes that section 3-3 of the Occupational Health and Safety Regulations, 2020, of Saskatchewan provide a detailed list of prohibited work for anyone under the age of 16 (and over the age of 14 years, in accordance with the provisions of the Conditions of Employment Regulations) and a separate list of prohibited activities for those under the age of 18.

Nova Scotia, Nunavut and Yukon. The Committee previously observed that, pursuant to section 68(1) of the Labour Standards Code of Nova Scotia, children under the age of 14 years are permitted to work, and that there is no lower minimum age specified for employment in light work, in violation of the requirements under Article 7(1) of the Convention. It also noted that the legislations of Nunavut (Labour Standards Act and its Regulations) and Yukon (Employment Standards Act) do not establish a lower minimum age for light work, regulate the hours and conditions of such work or determine the types of light work activities permitted to children. 

The Committee notes with regret that the governments of Nova Scotia, Nunavut and Yukon once again do not provide information in this respect. The Committee once again requests the governments of Nova Scotia, Nunavut and the Yukon to take the necessary measures to ensure that a minimum age of 13 years for employment in light work is established by law. It once again requests the governments of Nunavut and the Yukon to determine the types of light work activities that may be permitted for persons of 13 years of age and above, as well as the number of hours during which, and the conditions in which, such employment may be undertaken.

Prince Edward Island. The Committee notes that the Comprehensive Review Panel, that has completed the review of the Youth Employment Act in 2023, has recommended that a minimum age of 13 be included under section 6 of the Act, with the only opportunity for exceptions being for artistic endeavours for youth aged 12 years and younger subject to certain conditions, including examination and written decision by an inspector. The Government indicates that no actions have been taken to implement the recommendations of the Comprehensive Review Panel as of yet, but that additional work was anticipated in late 2024 or 2025. The Committee hopes that the recommendation of the Comprehensive Review Panel regarding the establishment of a minimum age of 13 for light work in the provisions of the Youth Employment Act will be implemented in the very near future, and requests the Government of Prince Edward Island to provide information on the progress made in this regard.

Quebec. The Committee previously noted that pursuant to section 84.3 of the Act respecting Labour Standards, a child under 14 years of age could be employed with a written consent of the child’s parent or tutor. The Committee takes note of the adoption, in 2023, of the Act respecting the regulation of work by children, which amends certain provisions of the Act and Regulation respecting labour standards. Pursuant to these amendments, section 84.3 of the Act prohibits the employment of a child under 14 years of age, except in the cases and on the conditions determined by regulation of the Government. Pursuant to this provision, section 35.0.3 of the Regulation respecting labour standards, now provides for a list of exceptions, including newspaper delivery, babysitting, tutoring, working in a family enterprise with fewer than 10 employees if the child is a child of the employer, working in a non-profit organization or in a non-profit sports organization.

The Committee observes, however, that there is no minimum age specified for employment in these excluded jobs. In addition, children from the age of 12 are now permitted to work in an agricultural enterprise with fewer than 10 employees, where the child performs light manual labour to harvest fruit or vegetables, take care of animals or prepare or maintain soil. The Committee once again recalls that, under Article 7(1) of the Convention, the minimum age for light work must be set at 13 years. The Committee therefore requests the Government of Quebec to take the necessary measures to review the Act and Regulation respecting labour standards to establish a minimum age of 13 for admission for all the jobs listed under section 35.0.3 of the Regulation.

Article 9(1). Penalties and labour inspection. Following its previous comments, the Committee takes note of the information provided by the Government, according to which: (1) in Alberta, data since 2021 shows that no administrative penalties have been issued due to an employer’s contravention of employment standards legislation relating to the employment of children aged 18 or younger; (2) in Quebec, 18 violations regarding the employment of children under the age of 18 were detected between 2021 and 2023, but in no cases have offence notices been issued; (3) in Saskatchewan, despite four notices of contravention or compliance issued for violations under section 3-3 of the Occupational Health and Safety Regulations, 2020 (providing detailed lists of prohibited hazardous work for anyone under the ages of 16 and 18 years), no penalties have been imposed; (4) Manitoba has not issued any administrative penalties for violations related to young workers and does not specifically track young worker-related violations; and (5) the Government of the Northwest Territories has not detected any violations relating to the employment of children since 2021.

The Committee also notes the CLC’s observation that it is concerned about impediments to effective enforcement, such as the multiplicity of provincial minimum age provisions – with a wide range of exceptions and regulations for different types, hours, and conditions of work – along with concerns about the capacity of provincial employment standards and health and safety compliance officers to ensure that minimum age restrictions are observed.

The Committee observes with regret that violations of minimum age provisions across various provinces and territories still do not appear to be penalized and that there remain concerns about effective enforcement of minimum age legislation by the relevant law enforcement bodies. It recalls that Article 9(1) of the Convention requires that all necessary measures, including the provision of appropriate penalties, be taken by the competent authority to ensure the effective enforcement of the provisions of the Convention. In this regard, it once again recalls that even the best legislation only takes value when it is applied effectively. The Committee therefore once again requests the Government to take the necessary measures to ensure that the regulations providing for penalties in the case of a violation of the provisions on the employment of children and young persons are effectively implemented by the Labour Inspectorate or other competent authorities. It once again requests the Government to provide information on the number and nature of violations detected and penalties imposed relating to the employment of children across Canada.

The Committee is raising other matters in a request addressed directly to the Government.