Part IIOrderPublished: March 29, 2023

Minimum Employment Age Raised to 18

Order Fixing June 12, 2023 as the Day on Which Sections 447 to 449 and 517 of the Budget Implementation Act, 2018, No. 2 Come into Force: SI/2023-4

This order sets June 12, 2023 as the day parts of the Budget Implementation Act, 2018, No. 2 come into force to amend the Canada Labour Code. The amendments raise the minimum referenced age for certain hazardous federal employment from 17 to 18 and include a transitional rule allowing 17‑year‑olds employed in the same position with the same employer on that day to continue in their job as if they were 18.

Published
March 29, 2023
Department
Unavailable
Section
Order Fixing June 12, 2023 as the Day on Which Sections 447 to 449 and 517 of the Budget Implementation Act, 2018, No. 2 Come into Force
Comment deadline
Unavailable
Effective date
June 12, 2023
Publication part
Part II

Summary

Summary#

This is the Order Fixing June 12, 2023 as the Day on Which Sections 447 to 449 and 517 of the Budget Implementation Act, 2018, No. 2 Come into Force: SI/2023-4. It set June 12, 2023 as the day certain parts of the Budget Implementation Act, 2018, No. 2 take effect and bring changes to the Canada Labour Code about the minimum age for some work.

What it does#

  • Brings into force amendments that raise the minimum age referenced in Part III of the Canada Labour Code from 17 to 18 for work that could be hazardous.
  • Adds a transitional rule so that employees who are 17 years of age on June 12, 2023 can keep doing the same job for the same employer and be treated as if they are 18 while they stay in that position.
  • Changes the Division II heading in Part III from “Minimum Wages” to “Minimum Wage and Age of Employment.”
  • Allows regulations to be made to align the Canada Labour Standards Regulations with the new age rules and to regulate classes of employees (expanding the regulation-making power).
  • Also corrects a grammatical issue in the French text of the Code (no practical change to rights explained in the Order).

Who's affected#

  • Federally regulated employers and workplaces. These include industries under federal labour law such as banks, airlines and airports, railways, shipping, trucking, telecommunications and broadcasting, some federal Crown corporations, and First Nations band councils.
  • Employees under 18, and in particular those who were 17 years old on June 12, 2023 and already in a job with the same employer and in the same position.
  • If it is unclear who is affected in a specific workplace, employers or workers in federally regulated sectors should check their rights or ask their labour department contact.

Why it matters#

  • The change stops employers in the federal jurisdiction from hiring people under 18 for work that could endanger their health or safety.
  • It aligns Canada’s federal labour rules with the International Labour Organization’s Minimum Age Convention, which discourages hazardous work for those under 18.
  • The transitional rule reduces the immediate disruption for current 17‑year‑old workers in federal jobs by letting them stay in their current role with their current employer.
  • For most young workers, provincial rules still apply; this change mainly affects those in federally regulated industries, where only a small number of young people work.

Key topics

Budget Implementation Act, 2018, No. 2BIA No. 2 2018Canada Labour CodeCanada Labour Standards RegulationsC138 — Minimum Age Convention, 1973International Labour OrganizationDepartment of Employment and Social DevelopmentLabour ProgramPart III (Standard Hours, Wages, Vacations and Holidays)Minimum Wage and Age of EmploymentFirst Nations band councilsfederally regulated workplacesminimum age of employmenttransitional provision

Source: Canada Gazette

Official source