Consent to Employment of a Minor Child

What is a Consent to Employment of a Minor Child?

This Consent to Employment of a Minor Child letter may be used by parents or legal guardians who wish to authorize a minor child to work. Each Province and Territory, or Canadian laws in the context of federal employment, will have differing definitions of a minor and whether such minor is allowed to work.

Under certain circumstances, the written consent of the parents or the legal guardian of the minor child may be mandatory; in which case, the employer should obtain and keep this written consent.

Is it mandatory to have a Consent to Employment of a Minor Child?

In some provinces or territories, it is mandatory to obtain consent from the minor's parents or guardians before hiring such a minor, including, for example, British Columbia, Alberta, Prince Edward Island, Quebec, and Newfoundland. Also, consent largely depends on the type of business, including the construction sector. However, in certain industrial jobs, even with parental consent, the hiring of minors is illegal.

What must a Consent to Employment of a Minor Child contain?

The parent or legal guardian using this document will have to provide the following information:

• the name of the parent(s) or legal guardian(s) signing the letter;
• their relationship to the child (parent or legal guardian);
• the child's name and date of birth;
• the position that will be held by the child; and
• the main duties that will be carried out by the child in their position.

Who can enter into a Consent to Employment of a Minor Child?

Only a minor's parent or legal guardian (e.g. someone who applied through the court system) can consent on behalf of the minor. Other adult family members cannot consent.

What has to be done after a Consent to Employment of a Minor Child is ready?

This letter must be signed by at least one parent or legal guardian, but it is possible for two parents or legal guardians to sign it. Each parent or legal guardian will have to sign the document, which will have to be given to the employer of the child and the employee shall keep a copy as part of the employee's record of employment. Parents or legal guardians should keep a copy for their own records. Employers should keep a secure copy by uploading it to a personal computer. If the letter was sent via email, the employer must save it in a secure server.

Which laws are applicable to a Consent to Employment of a Minor Child?

The provincial or territorial legislation will provide the specific circumstances under which the authorization of a parent or legal guardian is necessary. Not all job types can legally hire minors even with parental consent. For example, working in mining or underground has strict rules in most jurisdictions that prohibit the hiring of minors.

Each province and territory has specific legislation regulating the employment of minors. Such legislation includes either employment standards laws, occupational health and safety laws, educational laws, or direct youth employment protection laws. It's important to note that not every Province or Territory will permit minors to be employed despite parental consent. In certain cases, permission from the Employment Standards Director or Officer is needed. The following pieces of legislation have provisions related to the hiring of minors:

• Ontario: Occupational Health and Safety Act, R.S.O. 1990, c. O.1, O. Reg. 213/91: CONSTRUCTION PROJECTS, and the Education Act.
• Manitoba: The Employment Standards Code, CCSM c E110
• New Brunswick: Employment Standards Act, SNB 1982, c E-7.2
• British Columbia: Employment Standards Act, RSBC 1996, c 113
• Alberta: Employment Standards Code, RSA 2000, c E-9
• Canada: Canada Labour Standards Regulations, CRC, c 986
• Saskatchewan: The Saskatchewan Employment Act, SS 2013, c S-15.1
• Nova Scotia: Labour Standards Code, RSNS 1989, c 246
• Prince Edward Island: Youth Employment Act, RSPEI 1988, c Y-2
• Quebec: chapter N-1.1 ACT RESPECTING LABOUR STANDARDS
• Northwest Territories: Employment Standards Act, SNWT 2007, c 13
• Nunavut: Labour Standards Act, RSNWT (Nu) 1988, c L-1 and the Employment of Young Persons Regulations, RRNWT (Nu) 1990 c L-3
• Yukon: ​​Employment Standards Act, RSY 2002, c 72
• Newfoundland and Labrador: Labour Standards Act, RSNL 1990, c L-2

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