Minimum Employment Age Raised to 18
Regulations Amending the Canada Labour Standards Regulations (Employees Under 18 Years of Age): SOR/2023-40
Regulations amend the Canada Labour Standards Regulations to raise the referenced minimum age of employment from 17 to 18, align the regulations with recent changes to the Canada Labour Code, and implement Canada’s obligations under ILO C138. Practically, employers in federally regulated workplaces must not have employees under 18 work between 11 p.m. and 6 a.m. and must record the specific age of employees under 18; the rules come into force on 2023-06-12.
- Published
- March 29, 2023
- Department
- Unavailable
- Section
- Regulations Amending the Canada Labour Standards Regulations (Employees Under 18 Years of Age)
- Comment deadline
- Unavailable
- Effective date
- June 12, 2023
- Publication part
- Part II
Summary
Summary#
The Regulations Amending the Canada Labour Standards Regulations (Employees Under 18 Years of Age) (SOR/2023-40) change rules about young workers in federally regulated workplaces. In practice, the rules raise the age reference from 17 to 18, tighten night-work limits, and update record-keeping; they were set to come into force on June 12, 2023 (or on the day of registration if later).
What it does#
- Changes the age reference in the Canada Labour Standards Regulations from 17 to 18 so the regulations match recent changes to the Canada Labour Code made in the Budget Implementation Act, 2018.
- Stops employers from having employees under 18 work between 11 p.m. and 6 a.m..
- Requires employers to record the age of employees who are under 18 (so records must show the specific age).
- Makes two small wording fixes to clarify the English and French text of the regulation.
- Implements the regulatory side of Canada’s move to follow the International Labour Organization’s Minimum Age Convention (C138).
Who's affected#
- Employers and employees in federally regulated workplaces. This includes industries such as international and interprovincial transportation (air, rail, shipping, road), airports and airlines, ports, telecommunications, broadcasting, banks, some federally regulated natural resource operations, the federal public service, and First Nations Band Councils.
- Young people who are 17 (they will no longer be allowed to do certain hazardous work or night shifts under federal rules once the changes apply).
- Small businesses in the federal jurisdiction may see modest impacts if they employ young workers; the regulatory analysis estimates a small share of affected employees work in small businesses.
Why it matters#
- The change raises the minimum protected age to 18 in federally regulated jobs, which aims to reduce young workers’ exposure to hazardous tasks and late-night shifts.
- It brings federal regulations into line with Canada’s international commitment under ILO C138 and with recent changes to the Canada Labour Code.
- The government’s cost–benefit analysis estimates the regulations have a total present-value cost of about $27,730,631 over 10 years, and suggests that avoiding roughly 11 moderate injuries or 5 serious injuries per year would make the benefits outweigh the costs.
Key topics
Source: Canada Gazette