Employing Minors and Very Young Children requirements producers must adhere to in employing infants and very young children in the film and television industries.

The rules and conditions for employing children are set out in s. 9 of the Employment Standards Act and Article A28 and Appendix “F” of the 1999-2002 Union of BC Performers Master Production Agreement (“UBCP Agreement’). Producers and parents are urged to review the conditions in detail. Many of the requirements set out in the UBCP Agreement have been recently updated and took effect on June 1, 2000. Most producers know that the Employment Standards Act provides that no child under 15 years of age may be employed without the permission of the Director of Employment Standards. As of June 1, 2000, a child under age 15 can apply for an annual permit (the producer had to apply for project specific permits in the past). There is no charge for the permit, but a child may not work without it. In practice, the producer will ask the child’s parents or guardians to apply for the permit. Conditions for children: A “child” is defined as a person under age 15. The director has the authority to set specific conditions of employment for each child. For example, the director can refuse to issue a work permit for a child if it is determined that the production will place the child in “danger to life or limb, is unsafe or unhealthy”. If a child is asked to perform in a scene that depicts child abuse, nudity or simulated sex, the producer must consult with the parent or guardian and make available to the child and/or his or her parent/guardian a qualified mental health professional, such as a psychiatrist, psychologist or social worker to assist the Child in preparing for and acting in such scenes.

A child is not permitted to work more than five days per each seven consecutive day period and no child may work seven days per week. Unless permission is granted from the Director under s. 30 of Appendix “F”, a child may only work, including meal breaks, within the following work window: no earlier than 5:00 a.m.; no later than 10:00 p.m. on evenings before a school day; no later than 12:00 a.m. on evenings preceding a non-school day. During the months of June, July and August, for children not attending school, a child may work no later than 2:00 a.m. The work window may be extended upon the producer obtaining permission from the director to employ a child over six years of age, earlier or later than the hours described above under special circumstances. Special circumstances include location availability, early morning or night exteriors shot as exteriors, or live television productions presented after prescribed hours. Producers must ensure that no child works more than five consecutive hours without a minimum 1/2 hour meal break and the maximum meal break is one hour. All children must be given at least 12 hours between the child’s leaving the set or location and the time of the child’s time of call on the next work day (“turnaround”). All children are entitled to a minimum daily guarantee of four hours of pay, including those shifts that may be less than four hours.

Part E of Appendix “F” sets out the requirements for education conditions for children, including, for example, the requirement that the producer provide a child with a tutor if the child is attending school during production. A tutor is not required if a child works less than three consecutive school days (kindergarten is not considered school).
Conditions for infants: an infant is defined as a child less than two years old and more than 15 days old. Infants less than 15 days old may not be employed. The conditions “recommend” that a parent/guardian first obtain a statement from a physician confirming that he or she has examined the infant, that the infant is in good health and that there is no reason why the infant should not be employed. Producers are required to provide “adequate” sanitary facilities for the care and rest of the infant, including a crib, changing table and a private warm area where the infant may be fed and rest without being held.

Producers are also required to ensure that craft services provide appropriate food specific to the age groups of the children on the production. A producer must not expose an infant to light of greater than one hundred foot candle intensity for more than thirty minutes at a time. If the production requires the infant’s appearance to be altered, provisions “should” be made for bathing the infant. Substances used to alter appearance of an infant’s skin should not commonly cause allergic reactions, unless approved by a medical doctor.

As one will see, there is a myriad of provisions and conditions that a producer must be well versed in when employing children in the film industry. Aside from the public relations debacle that may ensue, failure to follow the prescribed conditions may result in a $5,000.00 penalty.