Resolution BC 2004.01

Resolution BC 2004.01  (Legislation, presented by Vancouver Diocese)

Labour Act Amendments – Consequences for Children

Whereas,    Bill 37 the Amendment to the British Columbia Employment Standards Act repealed the requirement of a permit from the Employment Standards Branch when a prospective employer wished to hire a child aged 12 to 15; and

Whereas,    Written consent from one parent or a legal guardian is now the only requirement to hire a child aged 12 to 15; and

Whereas,     The previous permit system allowed trained staff from the Employment Standards Branch to be involved in the hiring of children in order to set conditions of employment and assess work place hazards; therefore be it

Resolved,    That the BC & Yukon Provincial Council of the Catholic Women’s League of Canada in 57th annual convention assembled

• urge the Provincial Government of B.C. to reinstate the requirement for a work permit in addition to the consent of a parent or legal guardian prior to employment of a child aged 12 to 15
• urge the revision of the regulations governing child labour by implementing further restrictions on prohibited occupations and the times of day that children may be employed to protect them from exploitation.

BRIEF: Labour Act Amendments – Consequences for Children

The Provincial Government of BC Amendments to the Skills Development & Labour Act have resulted in very weak regulations concerning the protection, and prevention of exploitation of children employed in the BC workforce.  Prior to these amendments an employer was required to obtain a permit from the Employment Standards Branch before hiring a child under the age of 15. [1]  Trained staff could assess the work place, interview employers and identify potential hazards.

Today the only requirement is a written letter of consent from one parent or legal guardian. [2]  While the parent is the best person to be responsible for his or her child, unfortunately not all parents have the skills or the willingness to determine the suitability of the child’s work place.  Other factors such as the family’s economic situation can have a bearing on the pressure for a child to earn money.  Child labour is closely linked to extreme poverty. [3]  While Canada is not a third world country, poverty is certainly increasing in many areas.  In addition, parents from minority immigrant groups may have a problem with written consent and may not be fully aware of what the consent implies due to language barriers.

While most adults believe that moderate amounts of age-related work can help a young person develop valuable skills, there must be checks and balances in the system.  The regulations state that the child can work up to four hours on a school day. [4]  However, there are no specifics as to when these four hours are to be worked other than not during scheduled school hours.  This means an unscrupulous employer could schedule a child to work very late in the evening or during the very early morning hours.

The changes to the Employment Standards Act will make British Columbia’s child labour laws the weakest in Canada. [5]  The United States have regulations much stricter than ours in BC.  Not only do children work fewer hours but also these hours are spelled out. [6]

Overall, the Amendment to the Employment Standards Act has removed protection for working children age 12 to 15 by placing the onus for regulating conditions onto the parents and employers.  With no policies being enforced, the system becomes complaint driven after the fact.

FOOTNOTES
1. BC Legislative Session: 4th.Session, 37th Parliament.  Skills Development and Labour Statutes Amendment Act, 2003. <http://www.legis.gov.bc.ca/37th4th/3rd_read/gov37-3.htm>
2. Helesia Luke. “A Change In Standards: Child Labour In BC.” Scoop Magazine, Fall 2003 Issue, pp27, 28.
3. Honourable Lloyd Axworthy, Minister of Foreign Affairs. Statement on Children’s Rights. <http://webapps.dfait-maeci.gc.ca/minpub/Publication.asp?publication_id=377343&Language=E>
4. B.C. Ministry of Skills Development & Labour, Employment Standards Branch. General Employment of Young People. December 2003, pp1-2. <http://www.labour.gov.bc.ca/esb/facshts/pdfs/youth_general.pdf>
5. Helesia Luke & Graeme Moore. Who’s Looking Out For Our Kids?: Deregulating Child Labour Law In British Columbia: a CCPA-BC Policy Brief. Vancouver, BC: Canadian Centre For Policy Alternatives, March 2004, ISBN:0-88627-361-7, pp15. </http://www.policyalternatives.ca/bc/child-labour.pdf>
6. Helesia Luke & Graeme Moore. ibid. pp16. <http://www.policyalternatives.ca/bc/child-labour.pdf>

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