A Saskatchewan proposal to lower 'absolute minimum' working age

By Jimena Taquire

This blog aims to explore the news 'Is 13 too young to work? A Saskatchewan proposal has reignited debate around kids and labour' by Fletcher (2024) and 'The Sask. Chamber of Commerce wants 13-year-olds to be able to work. Not everyone is happy about it' by Quon (2024) to analyze what legal issues related to minimum working age in the field of education are being showcased in these media pieces.

The articles highlight a Saskatchewan proposal that has revived the debate surrounding child labor legislation and the various provincial minimum working age laws in Canada. The central legal issue highlighted is the debate over child labor laws and the appropriate minimum age for work, sparked specifically by a Saskatchewan proposal to lower the "absolute" minimum age to 13. This proposal contrasts with recent trends in provinces such as Quebec and British Columbia, which have raised the minimum working age to 14 and 16, respectively. The article stresses that Canadian child-labour laws are designed to ensure that work does not interfere with a child's education and impose restrictions on hazardous occupations.

Legal issue

This reignited debate is directly connects to labour standards and worker protections. The articles point out the establishment and enforcement of minimum working ages and other protective measures for vulnerable groups like children are fundamental aspects of labour standards. These standards are often developed and advocated for through the collective action of workers, often represented by unions, who historically fight for fair wages, safe working conditions, and reasonable hours. This debate directly challenges the existing or commonly understood minimum age and raises questions about how The Saskatchewan Employment Act would need to be modified or interpreted to accommodate such a change, while still upholding the fundamental principle that work should not interfere with a child's education (Fletcher, 2024). The legal tension lies in balancing the Saskatchewan Chamber of Commerce's argument to address labour shortages and encourage early worker participation, with concerns about the potential impact on the welfare and education of children (Quon, 2024), as evidenced by actions taken by other provinces to raise, rather than lower, the minimum working age.

Connection to BC's employment standards for children

The Saskatchewan case, which involves a proposal to lower the minimum working age to 13 under The Saskatchewan Employment Act, connects to the British Columbia situation through their shared focus on the legal regulation of child labour and the protection of children's education and well-being within employment standards.

Saskatchewan and British Columbia cases deal with the specific provisions within provincial employment legislation, The Saskatchewan Employment Act and BC's Employment Standards Act, that govern the minimum age at which children can work and the conditions under which they can be employed. However, while Saskatchewan's proposal is to lower the minimum working age, Husaini (2024) advocates for strengthening employment standards for children in British Columbia. BC recently raised its minimum working age to 16, there's a need for further amendments to protect children's education and safety, such as raising the minimum school-dropout age to 18, reducing the hours of work allowed on school days, and prohibiting work in unsafe industries until age 18 (Husaini, 2024). This presents a stark contrast in the policy approaches being debated or implemented in different Canadian provinces.

Conclusion and reflection

This proposal by the Saskatchewan Chamber of Commerce to lower the "absolute minimum" working age to 13, is aimed at addressing labour shortages and fostering earlier engagement in the workforce. Even though this is a policy recommendation, not a legal ruling or a concluded judicial process, it represents an ongoing policy discussion and legislative debate within Saskatchewan regarding the minimum working age for children under The Saskatchewan Employment Act.
This discussion is fundamentally concerned with the impact of employment on children. The Saskatchewan debate is about finding a balance between addressing labour shortages and protecting young workers, while the BC discussion is explicitly about ensuring work does not interfere with a child's education, and well-being, or expose them to undue risks. Both conversations reflect the ongoing societal and legal challenge of defining appropriate labour standards for minors. 
In this context, unions are key advocates for protecting children's education, health, safety, and preventing exploitation, aligning with employment standards. Moreover, if minimum working age provisions are perceived as inadequate, unions could address related issues through collective bargaining, by negotiating stricter age limits for certain types of work, additional protections for young workers, or specific clauses to prevent work from interfering with education, within their collective agreements.

References

Fletcher, R. (2024, July 1). Is 13 too young to work? A Saskatchewan proposal has reignited debate around kids and labour. CBC News. https://www.cbc.ca/news/canada/calgary/canada-child-labour-laws-minimum-working-age-by-province-1.7242616
Husaina, T. (2024, January, 3). Employment Standards for Children in British Columbia Need to Change to Protect their Education and Safety Rights. CBA. https://cba.org/sections/child-and-youth-law-section/resources/employment-standards-for-children-in-british-columbia-need-to-change-to-protect-their-education-and/
Government of Saskatchewan. (n.d.). Employment standards: Information for Saskatchewan businesses and industry. https://www.saskatchewan.ca/business/employment-standards
Quon, A. (2024, June 19). The Sask. Chamber of Commerce wants 13-year-olds to be able to work. Not everyone is happy about it. CBC News. https://www.cbc.ca/news/canada/saskatchewan/13-years-age-of-work-sask-1.7238317

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