BILL NO. 58

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
50 Elizabeth II, 2001

Private Member's Bill

Labour Standards Code
(amended)

Howard Epstein
Halifax Chebucto

First Reading: May 17, 2001

(Explanatory Notes)

Second Reading:

Third Reading:

Clause 1 removes the existing provision in the Labour Standards Code prohibiting children under 16 from being employed in theatres.

Clause 2 amends the Labour Standards Code to prohibit children under 16 from being employed in films and other entertainment industry undertakings unless the employer has a specific permit for their employment. This Clause also provides various regulation-making powers respecting the employment of children in such undertakings.

Be it enacted by the Governor and Assembly as follows:

1 Clause 68(2)(f) of Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, is amended by striking out "theatres," in the first line.

2 Chapter 246 is further amended by adding immediately after Section 68 the following Sections:

68A (1) No person shall employ a child under sixteen years of age in work of any kind in

(a) the production of any motion picture, film, video, television program, radio program, television commercial or radio commercial;

(b) a theatre or stage production; or

(c) any entertainment event or medium prescribed in the regulations,

unless a permit to employ that child that has been issued to the person by the Director.

(2) The Director may impose any terms, conditions or restrictions that the Director considers advisable on a permit for the employment of a child pursuant to subsection (1).

68B (1) The Governor in Council may make regulations respecting such matters and things as the Governor in Council considers necessary or expedient to ensure the health, safety, education and development of children employed in any of the undertakings referred to in subsection 68A(1), including, without restricting the generality of the foregoing, regulations

(a) establishing minimum standards and conditions of employment for the children;

(b) respecting physical, athletic or acrobatic activity including stunts or other potentially dangerous activities by the children;

(c) respecting safety equipment for the children;

(d) respecting the children working with animals;

(e) respecting the use of the children in scenes depicting child abuse or sexual activity or involving the nudity of any participant;

(f) respecting the provision of food and accommodation for the children;

(g) respecting rest and recreation for the children;

(h) respecting education and tutoring of the children;

(i) respecting parental consent for any work by the children;

(j) respecting the protection of income earned by the children;

(k) respecting hours of work by the children;

(l) respecting nutrition and meal breaks for the children;

(m) prescribing entertainment events or media for the purpose of clause 68A(1)(c);

(n) defining any word or expression used but not defined in this Act;

(o) considered necessary or advisable to carry out effectively the intent or purpose of this Act.

(2) The Governor in Council may make different regulations for children of different ages.

(3) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

3 Section 69 of Chapter 246 is amended by striking out "Section 68" in the first line and substituting "Sections 68 to 68B".

4 Subsection 70(1) of Chapter 246 is amended by striking out "Section 68" in the third line and substituting "Sections 68 to 68B".