Are Unpaid Internships Legal in BC?
Unpaid internships are a frequent source of confusion in British Columbia. Students, recent graduates, and employers often assume that unpaid placements are permitted, but under BC law, most unpaid internships are illegal.
In British Columbia, the Employment Standards Act (ESA) does not recognize “intern” as a legal category. Instead, a person is either an employee, who must be paid, or they fall within a narrow exception, most commonly a practicum that is part of a formal educational program.
This article explains when unpaid placements are lawful, when interns must be paid, and the legal risks of misclassification.
📍 Not in BC?
If you’re an employee or employer in Ontario, the law works differently. See our Ontario-specific article about unpaid internships.
What Is an Internship Under BC Employment Law?
Under the ESA, an employee is broadly defined. If a person performs work that benefits an employer’s business, they are generally considered an employee, regardless of their title.
If an “intern” is:
- Answering phones
- Completing projects
- Supporting clients
- Producing work used by the business
They are likely an employee and must be paid at least:
- Minimum wage
- Overtime (if applicable)
- Vacation pay
- Statutory holiday pay
Calling someone an “intern” does not remove ESA obligations.
What Is a Practicum?
The ESA provides a limited exception for practicums.
A practicum is:
- Required as part of a recognized educational program
- Formally approved by a school, college, or university
- Primarily for the student’s learning, not business productivity
- Supervised and structured, with defined educational outcomes
Examples include:
- Nursing clinical placements
- Teacher education practicums
- Mandatory college or university work placements
Because practicums exist for educational purposes, they are not considered “work” under the ESA and do not require pay.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Unpaid internships are often misunderstood, while they can provide valuable experience, many actually violate employment laws without employers or interns realizing it. Speaking with an employment lawyer before setting up or accepting an unpaid internship can help ensure everything is done legally and fairly.”
Are Unpaid Internships Legal in BC?
Generally, no.
Unless a placement clearly qualifies as a practicum, unpaid internships are usually illegal in British Columbia.
Employers who misclassify workers as unpaid interns may face:
- Employment Standards Branch complaints
- Orders to repay unpaid wages and benefits
- Administrative penalties
- Legal and reputational consequences
When an Unpaid Internship Turns Into Employment
If a placement transitions into paid work, all employment law protections apply immediately.
Probation and Termination
- Employees are protected by the ESA from the first day of employment
- ESA termination notice or pay requirements apply after 3 months of continuous employment
- Employers must act in good faith, even during probation
Just Cause
Termination without notice is permitted only for serious misconduct, such as theft, violence, or harassment. Poor performance or inexperience is rarely enough.
Common Law Notice
If there is no enforceable termination clause limiting notice to ESA minimums, an employee may be entitled to common law reasonable notice, which can significantly exceed statutory requirements.
Misclassifying someone as an unpaid intern can strengthen claims for unpaid wages and wrongful dismissal.
💡 Practical Examples
Unpaid Internship That Must Be Paid
A marketing graduate manages social media accounts and client campaigns. These are core business functions and must be paid.
Lawful Practicum
A nursing student completes supervised clinical hours required for graduation. This qualifies as an unpaid practicum.
Grey Area
A student shadows staff for school credit but also fills shifts and performs data entry. Because the work benefits the business, payment is likely required.
What Employers Should Know
- Partner directly with educational institutions for practicums
- Use written agreements clearly tied to academic requirements
- Do not rely on job titles; assess the actual work performed
- When in doubt, pay at least minimum wage
What Students and Interns Should Know
- Confirm whether the placement is a required practicum
- Ask for written confirmation of academic credit and supervision
- Track the work you perform
- If your work benefits the business, you may be owed wages
In Summary
In British Columbia, most unpaid internships are illegal. Only practicums that are part of a formal educational program qualify as unpaid placements under the ESA. Misclassification can result in serious legal and financial consequences for employers and lost wages for workers.
Early legal advice can help both employers and students avoid costly mistakes.
How an Employment Law Lawyer Can Help
Legal advice can help:
- Employers structure lawful practicum programs
- Review internship or placement agreements
- Assess wage recovery and misclassification claims
- Address Employment Standards Branch complaints
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©