ARQ urges more flexibility regarding bill

On April 19, during consultations on Bill 19 regulating child labour, Hugues Philippin, Chairman of the ARQ Board of Directors, Martin Vézina, Vice-President of Public and Government Affairs, and Dominique Tremblay, Director of Public and Government Affairs, presented the ARQ’s brief.

Your Association has expressed the need for an exemption allowing children under the age of 14 to work during the 2023 summer season. An additional change proposed that children under the age of 14 be allowed to work in family businesses, even if employing 10 or more people, which would no longer be the case should the bill be passed as is. Last but not least, it called for a broader definition of “family” so as to include grandparents, aunts, and uncles as employers for children, in the case of a family business.

Note that on March 28, the Minister of Labour, Jean Boulet, introduced the bill. This set the legal age for employment at 14 years old. The Association Restauration Québec has expressed its disappointment in the direction taken by the bill. Your Association was in favour of the regulation of the number of hours per week, which has been included in the bill, but opposed to establishing a minimum age.

The ARQ is concerned about the potential impact of the new regulations on the industry, particularly in non-urban areas. It is worth noting that children aged 12 to 14 represent a significant proportion of the labour force. According to a survey of 250 members across Québec, one third reported employing children under the age of 14 for an average of 7 hours per week.

COMING THIS SUMMER?

If passed in its current form, the following changes could come into effect within 30 days of the vote by the MPs which, at the time of writing, has not taken place:

- Children under the age of 14 will no longer be allowed to work, except in specific circumstances, only in the interest of the industry;

- A child under the age of 14 can work in a family business with fewer than 10 employees and a parent of which is the employer, director, partner, or child of the spouse of one of these persons. To employ a child under the age of 14 who meets this criterion, the employer must obtain the written consent of the holder of parental authority or the latter’s guardian using a form established by the Commission.

WHAT IF YOU CURRENTLY HAVE AN EMPLOYEE UNDER THE AGE OF 14?

As soon as this law comes into force, you must dismiss your young workers. Written notice of termination of employment must be provided to them within 30 days of the effective date. Note that this child can still work for you for the duration covered by the notice period, which entitles them to indemnity that is equivalent to their usual salary.

WHAT HAPPENS TO EMPLOYEES UNDER THE AGE OF 16 ON SEPTEMBER 1, 2023?

Starting September 1, during compulsory school attendance, authorized children under the age of 14 and those aged from 14 to 16 will be able to work for a maximum of 17 hours per week and 10 hours from Monday to Friday. There are no restrictions on periods when educational services are not provided.

Companies that employ workers aged 16 and under are also required to establish a prevention program specifically aimed at eliminating risks to the physical and mental health of these workers.

YOUR ASSOCIATION HAS EXPRESSED THE NEED FOR AN EXEMPTION ALLOWING CHILDREN UNDER THE AGE OF 14 TO WORK DURING THE 2023 SUMMER SEASON. AN ADDITIONAL CHANGE PROPOSED THAT CHILDREN UNDER THE AGE OF 14 BE ALLOWED TO WORK IN FAMILY BUSINESSES, EVEN IF EMPLOYING 10 OR MORE PEOPLE, WHICH WOULD NO LONGER BE THE CASE SHOULD THE BILL BE PASSED AS IS.