Federally regulated employers: Changes are coming to minimum age limits under the Canada Labour ‎Code and its regulations

In 2016, Canada ratified the International Labour Organization’s (ILO) Minimum Age Convention, 1973 (C138), joining 168 other countries in an effort to abolish child labour. As a consequence of ratification, Canada is required to set a minimum age for employment of at least 15 years, and, in the absence of specific measures, must prohibit hazardous work for workers under age 18. Accordingly, the federal government has passed amendments to the Canada Labour Code (“CLC”) and its Regulations to raise the minimum age for workers in hazardous occupations and otherwise ensure compliance with Canada’s obligations under the Convention for federally regulated employers. The minimum age of work in the federal sector is currently 17, subject to limited exceptions. 

Effective June 12, 2023, amendments to section 10 and section 24(2)(a) of the Canada Labour Standards Regulations will:

• ‎raise the minimum age of employment to 18 years of age with ‎respect to certain types of work, specifically, work that:
  • is carried on underground in a mine,
  • would cause them to be employed in or enter a place that they are ‎prohibited from entering under ‎‎the Explosives Regulations, 2013,‎
  • is work as a nuclear energy worker as defined in the Nuclear Safety ‎and Control Act,‎
  • is work that they are prohibited from doing under the Canada ‎Shipping Act, 2001 by reason of ‎‎their age, or
  • is likely to be injurious to their health or to endanger their safety.‎
• ‎establish that a person under 18 years of age may not work between 11:00 p.m. and 6:00 a.m. ‎on the following day, regardless of the work performed; and ‎
• ‎require employers to keep records of the age of employees under 18 years of age, regardless of the work performed.

Because the CLC only applies to federally-regulated employers, these will not change the minimum age requirements and restrictions set out under provincial employment or labour standards legislation.

Provincially-regulated employers should not assume that the age of employment rules under provincial ‎enactments are or will be identical to those under the CLC and the Canada Labour Standards Regulations. As such, they should refer to the employment or labour standards legislation of the applicable province for guidance and are encouraged to seek legal advice should they have any ‎questions regarding which standards are applicable to their operations. ‎Our team of lawyers with proven expertise in federal employment matters is available to help you navigate these recent changes and develop the tools to comply with them.