[40] Bill 71 As Amended by Standing Committee (PDF)
Bill 71 2013
An Act to protect child performers in the live entertainment industry and the recorded entertainment industry
CONTENTS
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PART I |
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1. 2. 3. |
Interpretation Purpose and application
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PART II |
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4. |
Disclosure |
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4.1 |
Written agreement required |
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6. |
Travel |
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7. |
Tutoring |
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8. |
Income protection |
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PART III |
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9. 10. |
Application of this Part Prohibition, child performers under 15 days old |
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Hours of Work |
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11. 12. 13. |
Hours of work Time before recording device and breaks No split shifts and maximum limit on meal breaks |
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Supervision in the Workplace |
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14. 15. |
Parental accompaniment Child performers' co-ordinator |
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PART IV |
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16. 17. |
Application of this Part Prohibition, child performers under two and a half years old |
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Hours of Work |
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18. 19. |
Hours of work Breaks |
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Parents and Other Adults in the Workplace |
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20. 21. 22. |
Supervision of child performer over two and a half years of age Child
Requirement for clean criminal record |
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PART V |
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23. 24.
26. |
Training Right to refuse work
Healthy food |
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PART VI |
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27. 28. |
Enforcement Regulations |
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PART VII |
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29. 30. |
Commencement Short title |
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Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Part I
General
Interpretation
Definitions
1. (1) In this Act,
"child
performer" means a child under 18 years of age who is paid or entitled to be
paid in respect of work in the entertainment industry as a performer, including
as a background performer; ("enfant artiste")
"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; ("père ou mère")
"prescribed" means prescribed by a regulation made under this Act; ("prescrit")
"recorded entertainment industry" means the industry of producing visual or audio-visual recorded entertainment that is intended to be replayed in cinemas, on the Internet, on the radio, as part of a television broadcast, or on a VCR or DVD player or a similar device, and includes the industry of producing commercials; ("industrie du spectacle enregistré")
"recording device" means any device that records sound or images; ("appareil d'enregistrement")
"school
day" has the same meaning as in the Education Act. ("jour de
classe")
"week" means,
(a) a recurring period of seven consecutive days beginning on Monday and ending on Sunday, or
(b) another recurring period of seven consecutive days selected by the employer for the purpose of scheduling work. ("semaine")
Restriction
(2) For greater certainty,
(a) a reference in this Act to a person as an employee or an employer does not cause the person to be an employee or an employer for the purpose of any other Act or law;
(b) a reference in this Act to an agreement as a collective agreement does not cause the agreement to be a collective agreement for the purpose of any other Act or law; and
(c) a reference in this Act to an entity as a trade union does not cause the entity to be a trade union for the purpose of any other Act or law.
Purpose and application
Best 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.
Conflict with employment contract, collective
agreement or other Acts
3. If there is a conflict
between a provision of this Act and a provision governing the employment of a
child performer, including a provision of an employment contract, a collective
agreement, the Employment Standards Act, 2000 or the Occupational
Health and Safety Act, the provision that provides the greatest protection
to the child performer prevails.
No 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.
Part ii
rules of general application
Disclosure
of Terms of Employment
Disclosure
of terms of employment
4. (1) Before
employing a child performer, an employer shall hold a meeting at which the employer
discloses to the child's parent or guardian all material terms of the
employment, including,
Disclosure
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) the
content of the script, including the child performer's exposure to scenes that
involve nudity or coarse language, or that may cause the child performer
psychological or emotional stress;
(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.
Presence at meeting
(2) A child performer is entitled to be present at and to participate in a meeting held under subsection (1).
Ongoing
disclosure
(3) The
employer shall disclose any proposed changes in respect of the child
performer's terms of employment, and the employer shall not change the terms of
employment without the written agreement of the child performer's parent or
guardian.
Ongoing disclosure
(3) The employer shall disclose any proposed changes to the matters listed in subsection (1), and the employer shall not implement any of the proposed changes without the written agreement of the child performer's parent or guardian.
Written agreement
(4) Nothing
in this section permits or requires the employment of a child performer without
a written employment agreement.
Script
(5) Before production begins, the employer shall provide the child performer with the portions of the script that relate to the child performer's role.
Written agreement required
4.1 An employer shall not employ or contract for the services of a child performer except under a written agreement.
Activities
Outside of Regular Working Hours
Activities outside of regular work schedule
5. (1) This section
applies,
(a) in the case of the recorded entertainment
industry, in respect of school days that are not regular production days; and
(b) in the case of the live entertainment
industry, in respect of school days that do not occur within a week in respect
of which a child performer is entitled to be paid by an employer.
Limit on activities
(2) No
person shall require or permit a child performer to do the activities listed in
subsection (3) unless,
(a) the activities take place after the child
performer's regular school hours;
(b) the activities end before,
(i) 8 p.m., if the child performer is
under 12 years of age, and
(ii) 9 p.m., if the child performer is
12 years of age or over; and
(c) the total number of hours the child
performer spends at school and doing the activities does not exceed eight.
Same, list of activities
(3) The
activities mentioned in subsection (2) are the following:
1. Auditions or interviews.
2. Voice tests or photographic tests.
3. Costume fittings.
4. Makeup tests.
5. Production conferences.
Travel
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.
Authorized chaperone
(2) For the purposes of subsection (1), an
authorized chaperone is a
person over 21 years of age a
person who has reached 18 years of age who is authorized in
writing by a child performer's parent or guardian to travel to or from the
workplace with the child performer.
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, and
the employer shall be responsible for paying,
(a) the parent or guardian's cost of travel and
accommodation; and
(b) the parent or guardian's daily expenses up
to the prescribed maximum.
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.
Expenses
(4) The employer shall be responsible for paying the parent or guardian's daily expenses and the costs of travel and accommodation up to the prescribed maximums.
Tutoring
Tutoring
7. (1) An employer
shall ensure that a child performer who is of compulsory school age is provided
with tutoring in accordance with this section.
School absence more than two days in a week
(2) The
employer shall hire a tutor to provide the child performer with educational instruction
and shall provide the basic school supplies, furniture and equipment that are
required for the child performer's educational instruction,
(a) in the case of the recorded entertainment
industry, if the child performer is absent from school for,
(i) two or more school days in a week,
or
(ii) five school days during the term of
the child performer's employment; and
(b) in the case of the live entertainment
industry, if the child performer is absent from school for,
(i) three consecutive school days, or
(ii) five
school days during the term of the child performer's employment.
Who
may be tutor
(3) A
person may be hired as a tutor if,
(a) the
person is a member of the Ontario College of Teachers; or
(b) the
person meets any alternative qualifications that are required for teachers at
the child performer's regular school.
Requirements
re tutoring
(4) The
employer shall ensure the child performer receives tutoring in accordance with
the following rules:
1. Tutoring shall, as much as possible, follow the
curriculum prescribed or developed under the Education Act.
2. Tutoring
shall take place in the language of instruction used at the child performer's
regular school.
3. Tutoring
shall take place for a minimum of two hours per work day and for a maximum of
five hours per work day.
4. Tutoring
shall take place in blocks of at least 30 minutes at a time. The first block of
tutoring in a day shall take place within the first three hours of the child
performer's work day, and tutoring shall be completed within the maximum number
of hours in the child performer's work day as set out in sections 11 and 18.
5. No
more than five child performers shall be tutored by the same tutor at the same
time.
6. Tutoring
shall take place in an area that is safe, quiet, clean and appropriately lit
and ventilated.
Child
performers under compulsory school age
(5) The
employer of a child performer who is under compulsory school age shall provide
basic toys and a room that is safe, quiet, clean and appropriately lit and
ventilated in which the child performer may rest and play.
Tutoring
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.
Income
protection
Income protection
8. (1) Subject
to subsection (2), if a child performer earns more than $1,000 on a production or project, the
employer shall remit 25 per cent of any earnings over $1,000 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.
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 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 reaches the age of 18 in accordance with the agreement,
(ii) money held in trust must be dealt with in accordance with the Trustee Act, and
(iii) the trade union or professional association must provide the child performer and his or her parent or guardian with an annual statement respecting the money held in trust for the child performer.
Part IIi
Recorded entertainment industry
Application of this Part
9. This Part applies to child performers, parents and guardians of child performers, and employers in the recorded entertainment industry.
Prohibition, child performers under 15 days old
10. No person shall employ 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.
Hours of Work
Hours
of work
11. (1) No person
shall require or permit a child performer to work more on a production day than,
Hours of work
11. (1) No employer shall require or permit a child performer to work more in a day than,
(a) four hours, in the case of a child performer who is under two years of age; and
(b) eight hours, in the case of a child performer who is two years of age or over.
Overtime
(2) Despite subsection (1), if the
conditions described in subsection (3) are satisfied, a
person an
employer may require or permit a child performer to work overtime
hours 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 employment
or contract contains rules about hourly overtime rates.
3. The employer pays the child performer the applicable hourly overtime rate for each hour of overtime worked.
Notice
of work beginning after 7 p.m.
(4) No
person shall require a child performer to report for work later than 7 p.m.
unless the person has provided 48 hours notice.
Notice of work beginning after 7 p.m.
(4) No employer shall require a child performer to report for work later than 7 p.m. unless the employer has provided 48 hours notice.
Hours
free from work
(5) An
employer shall give a child performer a period of at least,
(a) 12
consecutive hours free from work in every 24-hour period; and
(b) 48 consecutive hours free from work in every
seven-day period.
Hours free from work
(5) An employer shall give a child performer a period of at least,
(a) 12 consecutive hours free from work in each day; and
(b) 48 consecutive hours free from work in each week.
Meals and tutoring
(6) For the purpose of calculating the number of hours of work under this section, unpaid meal breaks shall be excluded and tutoring periods shall be included.
Time before recording device and breaks
12. (1) 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 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 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 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 that is no less than 10 consecutive minutes, if the child performer is 12 years of age or over but under 16 years of age; and
(e) is not before a recording device for longer than 60 consecutive minutes before receiving a break that is no less than five consecutive minutes, if the child performer is 16 or 17 years of age.
Scheduling
of breaks
(2) The
employer shall schedule breaks for the child performer having regard to the age
of the child, the child's need for naps or rest periods, and the demands of the
child performer's role.
No split shifts and maximum limit on meal breaks
13. An employer,
(a) shall not require or permit a child performer to work a split shift; and
(b) shall ensure that a child performer's unpaid meal breaks are not longer than one hour each.
Supervision in the Workplace
Parental accompaniment
14. (1) A parent 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.
Same,
more than one child
(2) If
a person is the parent or guardian of more than one child performer under the
age of 16 at the same workplace at the same time, the person shall ensure there
is one parent, guardian or authorized chaperone to accompany each child.
Same, more than one child
(2) If two or more child performers under the age of 16 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.
Authorized chaperone
(3) For the purposes of this section, an authorized chaperone is a person who,
(a) has reached 2118 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
employ or contract for the services of the
child performer; and
(d) is not the child performer's tutor.
Child 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 are employed work at
a particular workplace, the child performers' co-ordinator shall not also act
as the child performers' tutor.
Part iv
live entertainment industry
Application of this Part
16. This Part applies to child performers, parents and guardians of child performers, and employers in the live entertainment industry.
Prohibition, child performers under two and a half years old
17. No person shall employ No employer shall employ or contract for the
services of a child under two and a half years of age as a child
performer in the live entertainment industry.
Hours of Work
Hours of work
Interpretation
18. (1) In this section and section 19,
"live
entertainment industry work week" means six days within a week; ("semaine de
travail dans l'industrie du spectacle vivant")
"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")
"week"
means a period of seven consecutive days beginning on Monday and ending on
Sunday. ("semaine")
Hours of work during rehearsal phase
(2) No
personNo
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).
Same, child performer under six
(3) The maximum 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 in a day is four.
2. The
maximum number of hours of work in a live
entertainment industry work week week is
16.
Same, child performer six years or older
(4) The maximum during a rehearsal phase for a child performer who is six years of age or over shall be determined accordance with the following rules:
1. The maximum number of hours in a day is eight.
2. The
maximum number of hours of work in a live
entertainment industry work week week is
42.
3. For no more than two days during the last 10 calendar days of a rehearsal phase, the maximum number of hours of work in a day may be split into two shifts of up to four hours each if both shifts occur within a 12-hour period.
Hours free from work during rehearsal phase
(5) An
employer shall give a child performer a period of at least,
(a) 12 consecutive hours free from work in every
24-hour period during the rehearsal phase; and
(b) 36 consecutive hours free from work in every
live entertainment industry work week during the rehearsal phase.
Hours free from work during rehearsal phase
(5) An employer shall give a child performer a period of at least,
(a) 12 consecutive hours free from work in each day during the rehearsal phase; and
(b) 36 consecutive hours free from work in each week during the rehearsal phase.
Hours of work during performance phase
(6) No
personNo
employer shall require or permit a child performer to work more
hours during a performance phase than the following:
1. For
up to two days in each live
entertainment industry work week week,
the maximum number of hours in a day is eight.
2. On
any other day in the live
entertainment industry work week week,
the maximum number of hours in a day is four.
3. The
maximum number of hours in a live
entertainment industry work week week is
32.
Release from work after performance
(7) An employer shall release a child performer to his or her parent or guardian as soon as reasonably possible after his or her part of the performance is completed.
Hours
free from work during performance phase
(8) An
employer shall give a child performer a period of at least,
(a) 12
consecutive hours free from work in every 24-hour period during the performance
phase; and
(b) 36
consecutive hours free from work in every live entertainment industry work week
during the performance phase.
Hours free from work during performance phase
(8) An employer shall give a child performer a period of at least,
(a) 12 consecutive hours free from work in each day during the performance phase; and
(b) 36 consecutive hours free from work in each week during the performance phase.
Meals and tutoring
(9) For the purpose of calculating the number of hours of work under this section, breaks and tutoring periods shall be included.
Breaks
19. (1) An employer shall give a child
performer a break of at least 10 minutes in each two-hour work period.
Breaks
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.
Scheduling
of breaks
(2) The
employer shall schedule breaks for the child performer having regard to the age
of the child, the child's need for naps or rest periods, and the demands of the
child performer's role.
Meal breaks during rehearsal phase
(3) 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.
Parents and Other Adults in the Workplace
Supervision 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.
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 has reached 21 years of age and is not employed in
the same production or project in respect of which the child performer is employed.
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 21 years of age,
ii. is not employed in the same
production or project in respect of which the child performer is employed, and
iii. is
not the child performer's tutor.
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.
Child
supervisors
21. (1) An
employer shall designate a child supervisor in accordance with this section to
be responsible for supervising child performers at the workplace while the
child performers are not rehearsing or performing.
Child 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 supervisor
(2) A
person may be designated as a child supervisor if the person,
(a) has
reached 21 years of age;
(b) is
not otherwise employed in the same production or project in respect of which the
child performers are employed;
(c) is
not the child performers' tutor; and
(d) possesses
a clean criminal record, as defined in the regulations.
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) is not the child performers' tutor; 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
supervisor child
attendant for every six child performers present;
(b) where
the youngest child performer at the workplace is six years of age or over but
under 10 years of age, there is at least one child
supervisor child
attendant for every 10 child performers present; and
(c) where the youngest child performer at the
workplace is over 10 years of age, there is at least one child supervisor for
every 15 child performers present.
(c) where the youngest child performer at the workplace is 10 years of age or over, there is at least one child attendant for every 15 child performers present.
Requirement
for clean criminal record
22. An
employer shall ensure that prescribed employees who may be required to be alone
with child performers during the course of the employee's employment have a
clean criminal record, as defined in the regulations.
Requirement 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.
Part V
health and safety
Training
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 or guardian of the 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 remediating
reporting unsafe working conditions.
Same
(2) The employer shall provide training for the child performer in a manner that is appropriate to the child performer's developmental stage.
Right
to refuse work
24. For
the purposes of subsection 43 (3) of the Occupational Health and Safety Act,
if the worker is a child performer, "worker" includes the child performer's
parent or guardian, and the child performer's parent or guardian may exercise
the child performer's right to refuse to work under that subsection on behalf
of the child performer.
Right 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.
Mental
or emotional stress
25. If
a child performer is employed to perform in scenes containing subject matter
that the employer knows or ought reasonably to know could cause significant
mental or emotional stress to the child performer, the employer shall ensure
that appropriate medical and psychological care is provided to the child
performer.
Healthy
food
26. (1) An
employer shall provide healthy snacks and meals for child performers at the workplace
as close to the child performer's regular snack and meal times as possible.
Healthy food
26. (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.
Part vi
Enforcement and regulations
Enforcement
Application
of Employment Standards Act, 2000
27. (1) Sections
4, 5, 6, 7 and 8 and Parts XXI, XXII, XXIII, XXV and XXVI of the Employment
Standards Act, 2000, other than sections 121 and 130 of that Act, apply
with necessary modifications to the application, administration and enforcement
of Parts II, III and IV of this Act, as if those Parts formed part of that Act.
Application
of Occupational Health and Safety Act
(2) Parts
VIII and IX of the Occupational Health and Safety Act
apply with necessary modifications to the application, administration and
enforcement of Part V of this Act, as if Part V formed part of that Act.
Regulations
(3) If
the Lieutenant Governor in Council considers it advisable to do so, the
Lieutenant Governor in Council may make regulations specifying such
modifications as the Lieutenant Governor in Council considers necessary for the
purposes of subsection (1) or (2).
Enforcement
Application of Employment Standards Act, 2000
27. (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 102.1.
7. Section 108, other than subsections 108 (3) and (4).
8. Sections 110, 115.1, 116 and 118.
9. Section 119, other than subsections 119 (10), (11) and (12).
10. Sections 123 and 124.
11. Subsection 131 (2).
12. Section 132.
13. Section 137, other than subsections 137 (4) and (5).
14. Sections 137.1, 138, 138.1 and 139.
15. Section 140, other than subsection 140 (4).
Interpretation
(3) For the purposes of the application of the Employment Standards Act, 2000,
(a) a reference to an employee in the Employment Standards Act, 2000 shall be read as a reference to a child performer;
(b) a reference to a trade union in the Employment Standards Act, 2000 shall be read as including a professional association; and
(c) a reference to a collective agreement in the Employment Standards Act, 2000 shall be read as including an agreement negotiated by a trade union or professional association that governs the terms of a child performer's work.
Application of Occupational Health and Safety Act
(4) Parts VIII and IX of the Occupational Health and Safety Act apply with necessary modifications to the application, administration and enforcement of the following provisions of this Act as if they formed part of the Occupational Health and Safety Act:
1. Section 4.
2. Subsections 6 (1), (2) and (3).
3. Sections 10, 14 and 15.
4. Sections 17, 20, 21 and 22.
5. Part V.
Regulations
(5) The Lieutenant Governor in Council may make regulations specifying such additional modifications as the Lieutenant Governor in Council considers necessary or advisable for the purposes of subsections (1) to (4).
Regulations
28. The Lieutenant Governor in Council may make regulations,
(a) prescribing maximum daily expenses of a
parent or guardian payable under subsection 6 (3);
(a) prescribing a parent or guardian's maximum daily expenses, travel costs and accommodation costs payable under subsection 6 (4);
(a.1) governing tutoring for child performers during a production or project;
(b) prescribing persons who are authorized to hold money in trust for child performers under subsection 8 (1);
(b.1) prescribing rules in connection with the establishment of trusts for the purposes of section 8;
(b.2) governing the time and manner in which money shall be remitted for the purposes of section 8;
(c) governing the administration of money held in trust for child performers under section 8;
(d) defining "clean criminal record" for the purposes of subsection 21 (2) and section 22;
(e) prescribing
employees individuals
who are required to have a clean criminal record for the purposes
of section 22;
(f) defining any word or expression that is used in this Act but not defined in this Act;
(g) providing
for transitional matters which, in the opinion of the Lieutenant Governor in
Council, are necessary or desirable to facilitate the implementation of this
Act.;
(h) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.
Part vii
Commencement and Short title
Commencement
29. This
Act comes into force six
months nine
months after the day it receives Royal Assent.
Short title
30. The short title of this Act is the Protecting Child Performers Act, 2013.
This reprint of the Bill is marked to indicate the changes that were made in Committee.
The
changes are indicated by underlines for new text and a strikethrough for deleted text.
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EXPLANATORY NOTE
The Bill enacts the Protecting Child Performers Act, 2013. The paramount purpose of the Act is to promote the best interests, protection and well being of child performers in the live entertainment industry and the recorded entertainment industry.
Parts II, III and IV of the Act set out rules relating to the disclosure of terms of employment, tutoring requirements, income protection, hours of work and adult supervision for child performers. Most provisions in Parts II, III and IV are enforced as if they formed part of the Employment Standards Act, 2000.
Part
V of the Act sets out rules relating to the health and safety of child
performers. Part V is, and the remaining provisions in Parts II, III and
IV, are enforced as if it they formed part of the Occupational
Health and Safety Act.
The Act provides that if there is a conflict between a provision of the Act and a rule contained in a collective agreement, a contract, or another Act, the rule that provides the greatest protection to the child performer prevails.