Share on LinkedInShare on LinkedIn

ARTICLE · 27 FEBRUARY 2014

Are Unpaid Internships Legal In Canada?

Gowling WLG
Gowling WLG
Contributor
Gowling WLG

Gowling WLG

The firm The firm’s lawyers speak English, French, Russian and Ukrainian. The firm’s client base...

View firm profile
Explore more from Gowling WLG

In almost all cases, except where a person is genuinely a student, unpaid "internships" will be against the law.

CanadaEmployment and HR

In almost all cases, except where a person is genuinely a student, unpaid "internships" will be against the law.

Unpaid interns often do the work of employees and are subject to a great deal of control and direction by their employers. Just because an intern agrees that he or she will not be paid does not mean that the employer is complying with their provincial employment standards. Any such clause in an oral or written contract is null and void if it contravenes the respective law.

Employers should be aware that courts and provincial authorities will apply employment standards provisions broadly based on the common law test for an employee, which will catch many interns. If an intern is not specifically exempted, they should be paid at least minimum wage.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from