Unpaid internships have long been a subject of debate and scrutiny, raising questions about fairness, exploitation, and legality. In Canada, a country known for its strong labour protections, the issue becomes even more significant. As aspiring professionals seek valuable work experience and employers aim to provide training opportunities, it becomes crucial to understand the legal landscape surrounding unpaid internships.
What are unpaid internships?
Unpaid internships refer to work arrangements where individuals engage in temporary positions within organizations, typically to gain practical experience in a particular field or industry. Unlike regular employment, unpaid internships are characterized by the absence of financial compensation or wages for the work performed. Instead, interns may receive non-monetary benefits such as training, mentorship, networking opportunities, and hands-on learning experiences.
Are unpaid internships legal in Canada?
In Canada, most employees are protected by employment standards established and enforced by each province. These provincial laws apply to all "employees" and "employers" in the respective province unless they are specifically exempted. Therefore, determining whether an unpaid intern is protected by legislation requires assessing whether they fit the definition of an "employee."
In almost all cases, except where the intern is a student, unpaid internships are against the law.
To determine the applicability of employment standards legislation, factors such as the degree of control and direction exerted by the employer, the nature of the work performed, and the level of integration into the employer's operations will be considered. If an intern meets the criteria of an employee under these assessments, they are entitled to the protections and rights provided by provincial employment standards, including at least the minimum wage.
Federal labour standards for interns and student interns
Interns in federally regulated industry or workplace in Canada are entitled to full protections under Part III of the Canada Labour Code (Code), regardless of the duration of their internship. It is mandatory for employers to pay interns at least the minimum wage as prescribed by law. Additionally, employers have the responsibility to conduct thorough investigations and report any serious accidents involving interns. It is crucial to provide interns with comprehensive labour standards protections and occupational health and safety safeguards. Employers must also ensure the provision of necessary safety materials, equipment, and clothing to interns, along with proper training on their usage.
Provincial Labour Standards for Interns and Student Interns
Let's examine the regulations pertaining to internships in each Canadian province:
Ontario:
Unpaid internships are generally illegal, unless the individual is performing work under an educational program approved by a college of applied arts and technology, a university, or a private career college. This typically involves receiving academic credit or essential training for their profession.
British Columbia:
Interns are generally considered employees and entitled to minimum wage, unless the position provides "hands-on" training as part of a formal education program.
Alberta:
Unpaid internships are legal if they are part of a formal education program. Otherwise, employers should compensate interns with at least the minimum wage.
Manitoba:
Unpaid work is illegal, unless the individual receives training or work experience for a limited period through a program implemented or approved by a government authority or school board, or volunteers for a political or charitable institution.
Saskatchewan, New Brunswick, Prince Edward Island, and Yukon:
The laws in these provinces are unclear whether interns qualify as employees and are therefore covered under standard labour regulations, including entitlement to the minimum wage.
Newfoundland and Labrador and Nova Scotia:
The laws regarding internships are unclear, but given the broad definition of "employee," interns should generally be entitled to the minimum wage. However, internships that are part of a formal education program may be unpaid.
Northwest Territories and Nunavut:
Interns must be paid at least the minimum wage, unless they are students completing a work program as part of their schooling.
Quebec:
Interns are entitled to the minimum wage, unless they are working as volunteers for a non-profit organization.
Key Take Away
Employers should consult with legal professionals or human resources experts familiar with employment law in their respective province to ensure compliance with the specific provisions regarding internships. It is crucial to uphold fair and lawful practices, treating interns with the respect and fairness they deserve while providing meaningful learning experiences within the boundaries of the law.
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