In Ontario, you must be at least 14 years old to work in retail and 15 years old to work in a restaurant kitchen. Employers must strictly follow both the Occupational Health and Safety Act (OHSA) and the Employment Standards Act (ESA), especially regarding school hours and minimum wage rules. Fines for non-compliance can exceed $500,000 CAD for a corporation.
Hiring young workers is a great way to staff up during busy seasons in Ontario’s bustling retail and hospitality sectors. Whether you run a local boutique in London or a busy restaurant in downtown Toronto, young employees bring energy and enthusiasm to the workplace. However, employing minors comes with strict legal responsibilities designed to protect their safety and education.
The provincial rules are heavily regulated by the Ministry of Labour, Immigration, Training and Skills Development. ⚠ Ignorance of the law is never an acceptable defence. If you assign a 14-year-old to a commercial fryer or schedule a 15-year-old during school hours, your business could face severe penalties, surprise inspections, and significant liability under the OHSA.
Step-by-Step Compliance for Hiring Minors in Ontario
To protect both the young worker and your business, you need a clear onboarding and scheduling process. Most successful businesses in Ontario follow a strict checklist when hiring anyone under the age of 18.
Step 1: Verify the Applicant’s Age
You cannot simply take a teenager’s word for their age. 📁 As an employer, you are legally required to verify their date of birth using official government identification. You must ensure they meet the minimum age requirements: 14 years old for general retail, offices, and arenas, and 15 years old for commercial kitchens, restaurant prep areas, and shipping/receiving zones.
Step 2: Assign Age-Appropriate and Safe Duties
Once hired, you must strictly limit the tasks the minor is allowed to perform. For example, under the OHSA, a 14-year-old can work as a restaurant host or busser, but they absolutely cannot cook in a commercial kitchen or operate heavy machinery. Always conduct thorough safety training tailored to young workers, as they lack the experience to recognize workplace hazards.
Step 3: Schedule Shifts Around School Hours
In Ontario, the Education Act states that children must attend school until the age of 18 or until they graduate. 📚 You cannot schedule a minor to work during regular school hours. Ensure your managers are actively checking the local school board’s calendar in cities like Mississauga, Brampton, or Ottawa to avoid scheduling conflicts during mandatory classroom time.
Step 4: Comply with the Student Minimum Wage
The ESA sets a specific student minimum wage that is slightly lower than the general minimum wage. This rate applies to students under the age of 18 who work 28 hours a week or less when school is in session, or who work during a school break or summer vacation. However, if a student works more than 28 hours in a week while school is in session, they must be paid the general minimum wage for every hour worked.
Fines and Penalties for Non-Compliance
Violating the laws regarding young workers is treated very seriously by Ontario courts. 💰 If an inspector from the Ministry of Labour discovers a breach, or if a minor is injured on the job, the financial consequences can be devastating:
| Offence Type | Potential Penalty |
|---|---|
| Individual OHSA Violation | Up to $500,000 CAD (or up to $1,500,000 CAD for corporate directors/officers) and/or up to 12 months in jail. |
| Corporate OHSA Violation | Up to $2,000,000 CAD per charge for corporations. |
| ESA Wage/Hours Breach | Orders to pay back wages, plus administrative fines of $250 to $1,000+ CAD per violation. |
How Long Do Training and Records Need to be Kept?
Under the ESA, employers must retain all payroll records, including the employee’s name, address, date of birth (if under 18), and hours worked, for at least three years. Furthermore, safety training records under the OHSA should be kept indefinitely to prove due diligence in the event of an investigation or a WSIB (Workplace Safety and Insurance Board) claim involving a young worker.
Frequently Asked Questions (FAQ)
Can a 14-year-old work in a factory or warehouse in Ontario?
No. The minimum age to work in a logging operation, factory, or meat plant is 15. For construction, mining, or logging, the minimum age is generally 16 to 18, depending on the specific tasks.
Do I need the parents’ permission to hire a minor?
While Ontario law does not strictly require written parental consent to hire a minor over 14 for basic retail work, it is highly recommended as a best practice to ensure the parents support the work schedule.
What happens when the student turns 18?
Once the employee turns 18, the student minimum wage no longer applies. You must automatically increase their pay to at least the general Ontario minimum wage.
Can young workers refuse unsafe work?
Absolutely. Under the OHSA, all workers, regardless of age, have the fundamental right to refuse work they believe is dangerous to their health or safety without fear of reprisal.
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