Vancouver: British Columbia’s provincial government and performers union are at odds whether changes to child work regulations will help protect kids or increase the potential for exploitation on set.

On Dec. 14, B.C.’s Ministry of Skills Development and Labour enacted as law policies drafted in 1997 to protect children working on film sets. The new law comes with financial penalties of up to $10,000 for non-compliant producers.

But priorities have also changed. ‘The Employment Standards Branch has moved to focusing on those people not following the rules rather than trying to protect everyone all of the time,’ says ministry spokesperson Betty Nicholson.

ESB representatives will no longer do spot-checks on film and television production sets, leaving the enforcement system reliant on complaints, including those from anonymous third-party whistleblowers, alleging breaches of the child worker regulations.

Staffing at the ESB has dropped from 150 people to 107 over the past two years because of the provincial government’s Core Review program that cut government spending. ‘We’re using our resources more efficiently,’ says Nicholson. ‘We’re doing things differently. These are the toughest rules in Canada.’

Law allows for better enforcement, she explains. Before, an employer could plead ignorance on a breach of the child worker regulations and escape sanctions. Now a first offense costs $500, a second $2,500 and a third $10,000.

There have been no film-related complaints filed with the ESB since at least August when the current manager was appointed and there have been no fines or sanctions in the past year for non-compliance, says Nicholson.

The new laws pertain to non-union productions – most predominantly commercial productions that use children – since the Union of BC Performers master collective agreement includes language that limits a child’s workday.

‘There is no increase in costs to the industry,’ says Nicholson. ‘We are working with the industry to see how the industry can proactively help build awareness.’

Highlights of the new law, which affects children older than 14 days and younger than 15 years old, include:

* A child under 12 cannot work more than eight hours in a day

* A child aged 12 to 15 can work no more than 10 hours in a day

* If a child earns more than $2,000 on any production, 25% of the amount over $2,000 must be kept in trust until the child reaches the age of majority

* Producers must get approval from the director of employment standards for a child to work later than 10 p.m. if the next day is a school day or 12:30 a.m. if the next day is not a school day

* The time a child can spend before a camera or other recording device depends on the child’s age. For example, a child under three can only be in front of a camera for 15 minutes before taking a 20-minute break. A six-year-old can be in front of a camera for 45 minutes before she or he has a 10-minute break

* A child under 15 must have at least 12 hours off between one workday and the next or between a workday and school or a tutoring session on the following day

* Parents or guardians must consent to the work in writing.

* All children must be chaperoned.

UBCP, however, is alarmed by the changes. ‘We didn’t ask for this,’ says Alex Taylor, senior business agent at the union. ‘The American and Canadian producers didn’t ask for this. Only the minister of labor and the cabinet of the Liberal government in B.C. wanted this. We are deeply angry that the government has decided to expose children to exploitation.’

Taylor says the ESB, given its staff reductions, is not in a position to effectively police the new laws, especially when the nature of the industry discourages the complaints that may get investigated.

Troublemakers don’t get rehired, suggests Taylor. Star-struck parents may collude with producers that want to bend the rules to save budget. The lack of set inspections undermines enforcement, he adds.

‘Prior to 1997, there was a problem in the non-union sector,’ says Taylor. ‘This turns back the clock to the pre-1997 situation. A few bad apples spoil it for the entire industry.’

-www.labour.gov.bc.ca