The Legal Rules of Youth and Work

Starting your first job?

Did you know there are laws about young people in the workforce? 

Consider these scenarios

Mandeep is 14 years old and just started a summer job working at a construction project lifting supplies.

Jillian, age 15 decides to start a part time job which requires her to work during school hours. She starts the job immediately, without letting anyone know.

Marcel, 17 is super excited to for all the tips he will make by serving at a local bar which is licensed to serve alcohol.

Are they all allowed to be employed at these jobs?

MANDEEP:

According to Construction Projects Regulation under the Occupational Health and Safety Act, John cannot be employed at a construction project or be present in such a workplace while work is being performed. This is because the law says you must be at least 16 years old to work in these types of jobs. 

JILLIAN:

Jillian's employment during school hours violates the Education Act and Supervised Alternative Learning and Other Excusals from Attendance at School Regulation. These laws say that, "A child required to attend school cannot be employed during school hours. After directing an inquiry into the matter, the Provincial School Attendance Counsellor may excuse a child from attendance for various motives, including if he/she has obtained a secondary school graduation diploma or has completed a course of equivalent standing."

Parents and guardians who neglect or refuse to cause a young person to attend school can be charged and made to attend court. This does not apply if the young person is 16 or over and has withdrawn from parental control (ie left home). Thinking of skipping school to work?  You need to know that if you are under age 16 and you skip school regularly YOU can be charged with an offence and brought to court.  And your employer can also be charged if they employ you during work hours when you are under age 16. These laws have actually been changed to make the magic age 18, however, they have not yet been "proclaimed" by the government and thus the old rule of age 16 still stands. 


So, our advice: go to school during the day and work in the evenings and on the weekends!

MARCEL:

Marcel cannot be employed at a bar serving alcohol, as he is under 18. The Liquor Licence Act and Licence to Sell Liquor Regulation states that people under age 18 cannot be employed to sell or serve liquor on licensed premises. Note, however, that with few exceptions young people are not legally allowed to consume alcohol until they are age 19. So they can serve it when they are 18 but not drink it. Weird?

For the keeners who want to read more,

Ontario Ministry of Labour website:

 (http://www.labour.gov.on.ca/english/hs/pubs/yw/yw_tips_employers.php)

Feeling even more keen, check out the Education Act:  http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90e02_e.htm#BK27 (especially sections 21(1), (2), 24, 30(3)

Blog post written by volunteer PLE Team Member Julia Dmitrieva and JFCY staff lawyer, with help from JFCY law student Jesse Gutman. 

Julia and fellow PLE Team Member at the JFCY office...not during school hours!

Suspensions and Expulsions

A recent NEWS ARTICLE article in the Toronto Star states that the number of suspensions and expulsions in Toronto public schools has gone down in the past year.  This is good news for youth, suggesting that schools are using progressive discipline more frequently and/or that students are exercising their right of appeal.

Suspensions and expulsions are serious.  If you have been suspended, or if you are facing an expulsion, we encourage you to contact JFCY to speak to a lawyer.  For more information on the law in this area, please see these two info pamphlets: EXPULSIONS and SUSPENSIONS.

Parents supplying alcohol to minors

Scenario by PLE Team volunteer Jenny Li, Legal Info by JFCY

As Anthony walks around the crowded house checking out the scene, he hears the music pounding in his ears and the bodies dancing around him.

The contents of his cup slosh around as he navigates the house looking for the six-pack Jackson brought.

Stumbling happily into the kitchen, Anthony bumps into Mr. and Mrs. Johnson handing out jell-o shots to several of his already tipsy friends. “I want in!” shouts Anthony.

Downing the chaser, he becomes aware of shouting coming from the basement.

What is it? What’s wrong?

Someone runs into the kitchen followed by a stampede of other bodies and voices, all shouting, “Cops! Cops! They’re at the door!!”

Anthony stares up in a wild panic. “Hide! We need to go! Basement? Where??” In the panic, everyone looks towards Mr. and Mrs. Johnson, the parents who were present at the party, looking for some sort of direction.

Suddenly, there is knocking at front door along with a faint sound of sirens – perhaps the neighbours called the cops! “What do we do?” 

About the Law:

In this scenario, parents are hosting a party for their children and their children’s friends. The law says people under age 19 are not allowed to have, drink or purchase alcohol.  There is an exception in that parents are permitted to give alcohol to their underage children at home under parental supervision.

However the above situation is more complicated because there are friends of the children present. It is not clear whether the parents of those friends were aware this would happen and whether they consented to their children being given alcohol. This could get legally complicated…

Furthermore, if anyone was to get into an accident or become otherwise injured as a result of alcohol consumed at this party, the parents could be held legally responsible.  Finally, the Children’s Aid Society may have some concerns about children who are supplied alcohol by their parents.

Jenny Li was the first youth member of the PLE Team, which is now comprised of many dedicated youth. Jenny recently began her studies at Harvard.

Drunk Driving

Scenario (by Cydney Kim)

Michael and Fred are 16 year old friends who love parties. One night, they decide to attend a party at the other end of town. Michael arranges to be picked up by his parents late at night. When Fred’s 20 year old brother drops the two friends off at the party, he leaves his car there for Fred to use.

The party is far from over when Michael suddenly gets a headache and decides to go home. Although Fred offers to drive him home in his brother’s car, Michael is unsure whether Fred can actually drive. Fred assures him that he has just received his ‘G1’ and has been taking driving lessons. However, Michael refuses and Fred drives off alone in anger.

Meanwhile, Michael’s parents are at home enjoying a bit of whiskey. When they receive Michael’s call, they don’t feel drunk at all and head towards the party, with Michael’s mom driving. As soon as Michael steps into the car, he senses that his parents seem a bit weird but he doesn’t say anything and they head home. 

Both Fred and Michael’s mom get stopped by the cops that night.

What are Fred’s legal issues?  What are Michael’s mom’s legal issues? 

Both Fred and Michael’s mom could be charged with criminal offences as a result of their actions.

Adult charges

If Michael’s mom had enough alcohol, she could be charged with impaired driving. Impaired driving, which means driving while your ability is affected by alcohol or drugs, is a crime under the Criminal Code of Canada under Section 253(1)(a). Across Canada, it is a criminal offence to operate a vehicle while impaired and/or while having a blood alcohol content  of 80 milligrams of alcohol in 100 millilitres of blood or more. If someone is convicted, they can lose their license, be fined, or spend time in jail. The vehicle does not even have to be moving; you can be charged if you are impaired behind the wheel, even if you have not started to drive.

Youth Charges

Fred’s legal issues are different since he is 16 years old and does not have a licence. He could still be found guilty of the same criminal offences as Michael’s mom.  However, different procedures apply to Fred since he is under age 18. The Youth Criminal Justice Act applies to his situation, and this changes the way the police officer must interact with Fred. For example, s. 146 of the Act imposes a different way to obtain evidence, not binding youth to certain written and/or oral statements. He has the right to have a parent present when he is being questioned by the police.  The Act also leaves open a larger and more varied sentencing options and ways of resolving cases.  If Fred decides to plead guilty, or loses a trial, he would not be “convicted” of the offences.  Unlike adults, youth are “found guilty”.  (The records system for youth is also very different than for adults, but that is a story for another day…)

Graduated Licensing

In Ontario, as of August 1, 2010 fully licensed drivers who are 21 and under or a novice driver in the Graduate Licensing System (GLS), caught with any alcohol in their blood, will receive an immediate 24-hour roadside driver license suspension and, if convicted, face a fine of $60-$500 and a 30-day license suspension.

Driving with a G1 without a fully licensed supervisor is a separate offence which would result in the temporary suspension of Fred’s licence. 


If you are a youth charged with an offence, check this info pamphlet for more info.

Cydney Kim is a grade 11 student at University of Toronto Schools. She wrote the fact scenario.  The legal information was written by McGill law student Jesse Gutman and JFCY lawyers.

VIDEO - Civil recovery demand letters

Have you or your parents received a civil recovery demand letter for shoplifting?  Watch this video to learn more about the law in this area and your rights.

This video was created entirely by volunteers on JFCY’s Public Legal Education Team, with direction from a JFCY staff lawyer.  It is intended to provide general information only, for people who live in Ontario, Canada.

For more information or to speak to a lawyer about your specific situation, please call JFCY at 416.920.1633.

Gay-straight alliances in schools

Read this Xtra article to learn more about what is happening in Toronto

If you are a student and what to learn more about the law around this, please call us at Justice for Children and Youth: 416.920.1633.

JFCY thanks summer law student Daniel Lo

 JFCY was fortunate to have had Daniel Lo working with us all summer. Daniel, who was referred to us by Pro Bono Students Canada at U of T, helped our staff lawyer Andrea to lead to the Public Legal Education Team. He was instrumental in keeping the blog updated and ensuring that the blog entries were written by, or with input from youth.  He also helped out with our summer video project, which will be posted soon. Finally, Daniel was responsible for taking so many great photos of the PLE Team at work.

Daniel is starting a Masters degree in law at the University of Toronto this month.  Andrea, the PLE Team and JFCY wish him all the best!