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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER IV - Labour standards

Work performed by children

Sections
84.2
84.3
84.4
84.5
84.6
84.7

Section 84.2

Prohibition

No employer may have work performed by a child that is disproportionate to the child’s capacity, or that is likely to be detrimental to the child’s education, health or physical or moral development.

1997, c. 72, s. 5; 1999, c. 52, s. 11.

Interpretation

This provision prohibits an employer from having a child perform work that is disproportionate to his capacity or likely to be detrimental to his education, health or development.

The notion of “child” is not defined in the Act. It is reasonable to conclude that this applies to any child under the age of 18.

As for the type of work prohibited, it could refer, for example, to that involving too great a number of consecutive hours of work in relation to the child’s age or to that involving physical requirements that are too great in relation to the child’s capacity.

It should be noted that other statutes may prohibit or limit the work performed by children.

In case of non-compliance with sections 84.2 to 84.7 ALS, sections 139 to 144 ALS apply.

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