Interns and student interns – IPG-102

Student intern status

A person is not considered a student intern in situations such as the following:

• the person is an employee (see example 1)
• the person continues to perform activities for the employer, and
  • the end date of an unpaid student internship has passed, or
  • the total number of hours of the unpaid student internship has elapsed (see example 2)
• the educational institution confirms that the activities performed by the student intern did not fulfill the requirements of the educational program (see example 3)
• the educational institution cancels the student internship and the person continues to perform activities for the employer after the cancellation
• the internship agreement is cancelled by the employer
  • for example, the employer cancels the internship because the student intern is behaving inappropriately with clients
• the student intern's primary purpose of being in the workplace is not fulfilling the requirements of an educational program (see example 3)
• there is no internship agreement in place for an unpaid student internship (see example 4)
• the employer hires a student intern as an employee after the completion of the internship

A student intern’s status may change. For example, if the educational institution confirms that the activities they were performing in the workplace deviated from those described in the internship agreement. These cases are dealt with on a case-by-case basis. They will be subject to the discretion of the educational institution.

Student interns:

• are not required to be paid, and
• the activities they perform for an employer are not considered to be work

The primary purpose of a student internship must be for the student intern to gain knowledge and experience. A student is not considered to be a student intern, even if an internship agreement is in place, if they meet the following criteria:

• the student intern is paid a wage by the employer in exchange for performing activities in the workplace during an internship, and
• they meet the criteria to be an employee

All provisions of Part III of the Code apply in this case (see example 1).

An employer may voluntarily choose to provide a student intern with benefits that exceed the requirements of Part III of the Code and Regulations. This may include providing some financial support (other than remuneration for work performed). For example, a stipend, a weekly allowance or the reimbursement of expenses incurred during the internship. Such payments to student interns are not a requirement under the Code. Therefore, action will not be taken to recover any such unpaid amounts (see example 2).

Student interns should address any issues or concerns related to their internship with the employer and their educational institution.

Determining the status of a complainant

A complainant may be considered an employee if he is:

• paid wages for work performed, and meets the criteria to be an employee
• subject to an existing employment contract with the employer
• enrolled in a provincial apprenticeship program under the respective apprenticeship legislation, or
• in the workplace primarily to fulfill a business need for an employer

A complainant is a student intern if the following conditions are met:

• the intern is enrolled in a valid educational institution* as described in section 2 of the Regulation
• the internship fulfils the requirements of an educational program
• there is an internship agreement, and
• the date on which the student internship was to end or the number of hours during which activities were to be performed have not been reached

*A home school may be considered to be a valid educational institution if recognized by the province in which the home school is located.

Misclassifying interns

An employer is in contravention of the Code if they:

• knowingly misclassify an employee or intern, or
• have a history of misclassifying employees or interns

In order to comply with the Code, employers must ensure that they take corrective measures to avoid misclassifying employees or interns. They may be subject to enforcement action by the Labour Program, up to and including:

• an administrative monetary penalty (AMP), or
• prosecution

For technical guidance, please consult Misclassification (IPG-105).

Example 1

Jennifer is doing an unpaid student internship from September 1 to December 30, 2020, which her university approved. Jennifer received an internship agreement from the university and provided it to the employer. During Jennifer’s internship, her employer voluntarily decides to pay:

• her wages, and
• provides her with a paystub

However, the employer does not pay her vacation pay nor general holiday pay. Jennifer files a complaint for general holiday pay because the employer refuses to pay her. She is unable to resolve the issue with the employer.

It is determined that Jennifer is fulfilling a business need for the employer and is being paid wages for work performed. Therefore, she meets all the conditions to be an employee. Jennifer is entitled to general holiday pay and vacation pay.

Example 2

Ahmed was doing an unpaid student internship from October 1, 2020 to January 29, 2021 with Tech Telecommunications. Ahmed’s employer did not pay him a stipend for the month of January 2021. When his unpaid student internship ended on January 29, Ahmed continued to perform the same internship duties in the workplace. Tech Telecommunications terminated the relationship with Ahmed on February 26.

Ahmed’s internship ended on January 29 and there was no extension to the period of internship. As of January 30, Ahmed was no longer a student intern. Therefore, he was entitled to full labour standards protections under Part III of the Code.

Example 3

Fernando, a student intern at ABC Trucking, is doing an unpaid student internship to fulfill the requirements for his payroll and administrative studies. Fernando’s college provided him with the internship agreement, which included:

• a description of the payroll, and
• administrative work activities that he may perform in the workplace

Fernando provided the internship agreement to the employer. Since joining ABC Trucking for his internship, the employer has assigned Fernando to co-driver duties and is not respecting the internship agreement. Fernando has not spent any time doing payroll or administrative duties. He is not acquiring knowledge or experience in the workplace related to his educational program. In addition, the manager has not given Fernando any time off for general holidays.

The college confirms that the activities performed by Fernando for ABC Trucking were unrelated to the internship agreement. The college also advises that the duties he performed would not count towards his internship hours. It is determined that the primary purpose of his activities in the workplace were to fulfill a business need for the employer. Therefore, Fernando was not a student intern.

Example 4

Benoit is a university student who is doing an unpaid student internship from January 2 to March 31, 2021. The employer is asking him to work 9 hours every day. Based on the internship documents provided by Benoît and the employer, there is no internship agreement between the employer and Benoit’s university. It is determined that Benoit is not a student intern and is therefore entitled to full labour standards protections under the Code.