Recently, the Protecting Child Performers
Act, 2015 came into force. The Act outlines
protections for child performers in both the live entertainment and
recorded entertainment industries.
This legislation applies to live
performances including theatre, dance, music, opera or circus
performances and broadly to recorded performances, which includes
visual or audio-visual recorded entertainment for cinemas, the
internet, on the radio, television broadcasts, or on DVD or similar
The protections set out in the Act
cover employment standards and occupational health and safety
requirements including hours of work, breaks, overtime, and work
refusals. For instance, the Act places restrictions on the hours
that a child performer can work in a day, which increase with the
age of the performer. The Act also provides the right for the
child's parent, guardian or chaperone to refuse work for a
child under 14 years of age. The legislation also has requirements
pertaining to overnight travel, tutoring, income protection, and
The Act relies on the enforcement
mechanisms found in the Employment Standards Act,
2000 ("ESA") and the Occupational Health
and Safety Act ("OHSA"), with the ESA
enforcement provisions applying to the employment standards
requirements of the Act and the OHSA enforcement provisions
applying to the health and safety requirements.
Organizations in the entertainment
industry should ensure they are familiar with and adhere to these
new requirements, which impose more stringent standards in relation
to some employment standards requirements including hours of work.
The Act does include a "greater right or protection"
provision similar to the "greater right or benefit"
provision found in the ESA. This means that where an employment
contract, collective agreement or other act provides a greater
right or protection to a child performer then it will prevail.
Organizations seeking to rely on the "greater right or
protection" provision should seek legal advice in order to
ensure that the Act is not being violated.
This past year has been marked with significant changes to employment legislation, and watershed decisions that will affect employers for years to come. We've designed this year's conference to deliver a practical and digestible review of what you need to know to manage your employees effectively.
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