Country profile CAN
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Minimum age for admission to apprenticeship | N/A | C138 | Provincial legislation | [{"link_name":"CEACR Direct Request","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4002419,102582"}] | 16 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | According to the ILO CEACR Direct Request on C138, 2019, the Committee notes that the federal legislation and the majority of provinces have regulations providing for a minimum age of apprenticeship of 16 years, such as in Northwest Territories (section 12(2) of the Apprenticeship Trade and Occupations Certification Act, 2010); Nunavut (section 11(2) of the Apprenticeship Trade and Occupations Certification Act, 1988); Prince Edward Island (section 9(4)(d) of the Apprenticeship and Trades Qualification Act, 2012); Quebec (section 1(a)(b) of the Act respecting Workforce Vocational Training and Qualification, 2007); and Yukon (section 6(1) of the Apprentice Training Act, 2002). In provinces where no minimum age for apprenticeship is established by regulations, the provincial apprenticeship programmes require a high school diploma certification (high school ends at around ages of 17 and 18 years) as in New Brunswick, Newfoundland and Labrador, Nova Scotia, and Saskatchewan, while apprenticeship programmes in Alberta, British Columbia, Manitoba and Ontario are provided to high school students (aged 15–16). |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | N/A | C138 | Provincial legislation | [{"link_name":"CEACR Direct Request","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4002419,102582"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | According to the ILO CEACR Direct Request on C138, 2019, the Committee notes the Government’s statement that every provincial and territorial jurisdiction has enacted provisions related to mandatory school attendance until at least 16 years of age, hence the minimum age for admission to employment throughout Canada is de facto 16 years. In this regard, the Committee notes that all provinces stipulate that a child who is required to attend school may not be employed during school hours and many provinces have enacted legislation which regulates the working conditions and hours of work of children of compulsory school age. |
| Light work - Determination of types and conditions of activities | N/A | C138 | Provincial legislation | [{"link_name":"CEACR Direct Request","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4002419,102582"}] | Yes | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | According to the ILO CEACR Direct Request on C138, 2019, every province has adopted legislation determining the different types and conditions of activities that can be carried out by children of the required age. |
| Minimum age for light work | N/A | C138 | Provincial legislation | [{"link_name":"CEACR Direct Request","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4002419,102582"}] | 13-15 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | According to the ILO CEACR Direct Request on C138, 2019, the different provinces have adopted a minimum age for light work that ranges from 13 to 15. |
| Minimum age for admission to work | N/A | C138 | Provincial legislation | [{"link_name":"CEACR Direct Request","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4002419,102582"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | According to the ILO CEACR Direct Request on C138, 2019, the Committee notes the Government’s statement that every provincial and territorial jurisdiction has enacted provisions related to mandatory school attendance until at least 16 years of age, hence the minimum age for admission to employment throughout Canada is de facto 16 years. In this regard, the Committee notes that all provinces stipulate that a child who is required to attend school may not be employed during school hours and many provinces have enacted legislation which regulates the working conditions and hours of work of children of compulsory school age. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1996-06-20 | C182 | Controlled Drugs and Substances Act - Section 5 (1) and Section 10 (2) c. | [{"link_name":"Controlled Drugs and Substances Act","source_link":"https://laws.justice.gc.ca/fra/lois/c-38.8/page-1.html#docCont"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | While Section 5(1) prohibits drug trafficking, Section 10(2)(c) considers it an aggravating circumstance when the offence is committed by using the services of a person under the age of eighteen, or by involving such a person in its commission. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1985 | C182 | Criminal Code - Sections 163 and 286.2 | [{"link_name":"Criminal Code","source_link":"https://laws-lois.justice.gc.ca/eng/acts/C-46/page-1.html#h-115006"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | The Criminal Code, in particular Sections 163 and 286.2, prohibits child pornography and receiving benefits from the provision of sexual services, with specific provisions and harsher penalties for services provided by persons under 18. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1985 | C182 | National Defence Act - Section 20(3) | [{"link_name":"National Defence Act","source_link":"https://laws-lois.justice.gc.ca/eng/ACTS/N-5/page-3.html#h-374782"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | There is no conscription in Canada. According to Section 20(3) of the National Defence Act, a person under the age of 18 years shall not be enrolled without the consent of one of the parents or of the guardian of that person. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1985 | C182 | Criminal Code - Sections 286.1 and 279 | [{"link_name":"Criminal Code","source_link":"https://laws-lois.justice.gc.ca/eng/acts/C-46/page-1.html#h-115006"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Section 286.1 of the Canadian Criminal Code outlines penalties for obtaining sexual services for consideration, with increased penalties for offences involving persons under 18. Additionally, Section 279.011 (1), states that Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of eighteen years, or exercises control, direction or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence. Besides, Subsection 279.02(2) punishes everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of the above mentioned offence. For its part, Subsection 279.03 (2) punishes anyone withholding or destroying a person's identity documents for the purpose of committing or facilitating child trafficking. |
| List of hazardous activities prohibited for children | 2023-07-09 ; 2013 ; 1997 ; 2001 | C138 & C182 | Canada Labour Standards Regulations - Section 10 (1) ; Explosives Regulations, 2013 ; Nuclear Safety and Control Act ; Canada Shipping Act, 2001 | [{"link_name":"-Canada Labour Standards Regulations","source_link":"https://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._986/page-1.html#h-602944"},{"link_name":"-Explosives Regulations, 2013","source_link":"https://laws.justice.gc.ca/eng/regulations/SOR-2013-211/"},{"link_name":"-Nuclear Safety and Control Act","source_link":"https://laws-lois.justice.gc.ca/eng/acts/n-28.3/"},{"link_name":"-Canada Shipping Act, 2001","source_link":"https://laws-lois.justice.gc.ca/eng/acts/c-10.15/"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Section 10 (1) of the amended Canada Labour Standards Regulations stipulates that an employer may employ a person under the age of 18 years in any office or plant, in any transportation, communication, maintenance or repair service, or in any construction work or other employment in a federal work, undertaking or business if the work is not carried on underground in a mine; would not cause them to be employed in or enter a place that they are prohibited from entering under the Explosives Regulations, 2013; is not work as a nuclear energy worker as defined in the Nuclear Safety and Control Act; is not work that they are prohibited from doing under the Canada Shipping Act, 2001 by reason of their age; and is not likely to be injurious to their health or to endanger their safety. |
| Minimum age for hazardous work | N/A | C138 & C182 | Provincial legislation | [{"link_name":"CEACR Direct Request","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4002419,102582"}] | 16-18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | According to the ILO CEACR Direct Request on C138, 2019, the Committee notes that while most of the provinces and territories prohibit certain types of hazardous work for persons under 18 years, some other provinces (such as in British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island and Saskatchewan) prohibit certain hazardous types of work only to children under 16 years. Hence, children between 16 and 18 years are allowed to perform certain types of hazardous work. In this regard, the Committee notes the Government’s statement that young workers are protected by federal, provincial and territorial occupational health and safety laws in the same way as other workers. Additionally, it is worth noting that, Section 10 of the amended Canada Labour Standards Regulations that came into force in June 2023 raise the minimum age for hazardous work from 17 to 18 years old in the federally regulated workplaces. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 06-JUN-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 08-JUN-2016 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Canada has implemented measures to address child labour through the Fighting Against Forced Labour and Child Labour in Supply Chains Act, effective January 1, 2024. This legislation mandates annual public reporting from government agencies and certain businesses on their efforts to prevent and mitigate risks of forced and child labour within their supply chains. Reporting requirements include detailed disclosures on an entity’s structure and supply chains, company policies related to forced labour, risk assessments, remediation efforts, relevant employee training, and measures taken to address any infractions. Responsible entities must submit their annual reports to the Minister of Public Safety via a publicly accessible electronic registry. Failure to comply can result in substantial fines. Additionally, Canada has broadened import prohibitions to include goods produced with child labour, aligning with international standards to enhance supply chain transparency and accountability. | [{"link_name":"Fighting Against Forced Labour and Child Labour in Supply Chains Act","source_link":"https://laws.justice.gc.ca/eng/acts/F-10.6/FullText.html"}] | 2023 | Fighting Against Forced Labour and Child Labour in Supply Chains Act | Department of Public Safety |