Unpaid Internships & ESA Laws

ESA laws require employers to pay “employees” for their work. And that raises a thorny question: Are interns “employees”? If they are, failure to pay them is illegal. Here’s a look at what each province has said—or not said—about whether it’s okay not to pay an intern:

ALBERTA: Definition of “employee” entitled to wages broad enough to potentially include interns but government hasn’t stated if it actually does

BRITISH COLUMBIA: According to the Interpretation Guidelines Manual, an “internship” may be considered “work” for which an employer must pay at least the minimum wage. Manual defines “internship” as on-the-job training offered by an employer to provide a person with practical experience. If the duties performed by interns fall within definition of “work” in the ESA, the intern is an “employee” entitled to wages, the Manual explains. BC also distinguishes an “internship” from a “practicum,” the latter being “hands-on” training that’s part of a formal education process and done for school credit. A practicum is not considered “work” and therefore not subject to the minimum wage.

FEDERAL: Definition of “employee” entitled to wages broad enough to potentially include interns but government hasn’t stated if it actually does

MANITOBA: Definition of “employee” entitled to wages broad enough to potentially include interns but government hasn’t stated if it actually does

NEW BRUNSWICK: Definition of “employee” entitled to wages broad enough to potentially include internships but government hasn’t stated if it actually does

NEWFOUNDLAND & LABRADOR: Definition of “employee” entitled to wages broad enough to potentially include interns but government hasn’t stated if it actually does

NOVA SCOTIA: Definition of “employee” entitled to wages broad enough to potentially include interns but government hasn’t stated if it actually does

ONTARIO: According to MOL guidance, individual is “employee” entitled to wages rather than intern if he receives training in skills other employees use UNLESS: i. training is similar to training intern would get in vocational school; ii. training is for intern’s benefit; iii. employer derives little to no benefit from intern’s activity while training takes place; iv. intern doesn’t displace or take the job of another of the employer’s employees; v. intern isn’t promised a job or given right to become an employee at end of training; and vi. intern is advised that he won’t be paid for time spent in training. ESA also doesn’t apply to individuals who perform work under a program approved by a college of applied arts and technology, or a university.

PRINCE EDWARD ISLAND: Definition of “employee” entitled to wages broad enough to potentially include interns but government hasn’t stated if it actually does

QUÉBEC: In Québec, things are reversed. Under the Labour Standards Act, individuals are considered employees if they receive remuneration. So, an unpaid intern commonly referred to as a “stagiaire”) is, by definition, not an employee.

SASKATCHEWAN: Definition of “employee” entitled to wages broad enough to potentially include interns but government hasn’t stated if it actually does