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Unpaid Internships: Are They Legal (in Ontario)?
Internships are a common path into the workforce for students and recent graduates in Ontario. But many internships that are described as unpaid are actually illegal. Under the Employment Standards Act, 2000, most people who perform work for an employer are employees and must be paid at least minimum wage. The exceptions are narrow and specific. If your internship does not qualify, you are likely owed wages.
Under the Employment Standards Act, 2000, individuals who perform work for an employer are generally considered employees and must be paid at least the minimum wage. Unpaid internships are only lawful in limited circumstances involving approved educational programs or specific professional training.
Were you not paid for work you did as an intern in Ontario?
If your internship does not meet the narrow ESA exceptions, you may be entitled to back wages, vacation pay, and other compensation. You can file a claim with Ontario's Ministry of Labour. Get advice before the two-year limitation period runs out.
Call: 1-800-771-7882 Speak With an Employment LawyerWhen are unpaid internships legal in Ontario?
The ESA permits unpaid internships only in two specific circumstances. Outside of these exceptions, an intern who performs work and from whose work the employer benefits is an employee entitled to wages.
Approved educational placements
Unpaid internships are permitted where they are part of an approved program at a secondary school, college, or university. The placement must be formally approved by the educational institution and structured as part of the academic program. An employer cannot simply claim a placement is educational without institutional backing.
Specific professional training programs
Certain regulated professions including law, accounting, and engineering have approved articling or training arrangements that may permit unpaid work during a defined training period. These exceptions are narrow and do not apply to general workplace internships in those fields.
Signs your unpaid internship may be illegal
What interns are entitled to if the unpaid arrangement is illegal
Where an unpaid internship does not meet the ESA exceptions, the intern is legally an employee and is entitled to the same minimum protections as any other employee.
Were you an unpaid intern who performed real work for an Ontario employer?
If your internship did not qualify under the ESA exceptions, you may be entitled to back wages going up to two years. Filing a Ministry of Labour complaint is free and does not require a lawyer. Get advice to understand your options.
Find Out What You Are Owed Or call us: 1-800-771-7882Do unpaid internships count as employment in Ontario?
In many cases, yes. The ESA defines an employee broadly to include anyone who performs work for an employer. The label of intern, volunteer, or trainee does not determine your legal status. What matters is the reality of the working relationship. If you performed productive work, the employer benefited from that work, and you were not part of a formally approved educational or professional training program, you were likely an employee under the law and entitled to be paid accordingly.
Are unpaid internships legal across Canada?
Employment standards vary by province and by whether the employer is provincially or federally regulated. Ontario has among the strictest rules on unpaid internships in Canada. Federal employers covered by the Canada Labour Code face similar restrictions. In most Canadian jurisdictions, unpaid internships outside of approved educational programs are either illegal or heavily restricted. If you worked for a federally regulated employer such as a bank, airline, or telecommunications company, different rules may apply.
Frequently asked questions about unpaid internships in Ontario
Are unpaid internships illegal in Ontario?
In most cases, yes. Under the Employment Standards Act, 2000, individuals who perform work for an employer are generally considered employees and must be paid at least minimum wage. Unpaid internships are only permitted where they are part of an approved educational program or a specific regulated professional training arrangement.
Do interns have to be paid in Ontario?
Yes, in most cases. If an intern performs productive work from which the employer benefits, and the arrangement does not qualify under one of the narrow ESA exceptions, the intern must be paid at least minimum wage along with vacation pay and other ESA entitlements.
What qualifies as a legal unpaid internship in Ontario?
A legal unpaid internship must be part of a formally approved program at a secondary school, college, or university, or fall within a specific regulated professional training arrangement. The educational institution must formally approve and structure the placement as part of the academic program. An employer cannot simply label a position as an internship to avoid paying wages.
What can I do if I was not paid as an intern?
If your internship did not meet the ESA exceptions, you may be entitled to back wages, vacation pay, and other compensation. You can file a complaint with Ontario's Ministry of Labour. The Ministry can investigate and order repayment of owed wages. A two-year limitation period applies so act promptly.
Does an internship count as employment in Ontario?
Frequently yes. The ESA defines employment broadly based on the reality of the working relationship, not the label used. If you performed productive work that benefited the employer and were not part of an approved educational placement, you were likely an employee entitled to wages regardless of what the arrangement was called.
Are unpaid internships legal in Canada?
Rules vary by province and by whether the employer is federally or provincially regulated. Ontario has among the strictest rules in Canada. In most Canadian jurisdictions, unpaid internships outside approved educational programs are either illegal or heavily restricted. Get legal advice if you are unsure which rules apply to your situation.
Think you are owed wages from an unpaid internship in Ontario?
If your internship did not qualify under the narrow ESA exceptions, you may be entitled to back wages and other compensation. Our team can help you assess your situation and file a Ministry of Labour complaint if needed. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
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