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Federal labour standards for interns and student interns

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An intern or student intern is a person who is not an employee but who performs activities for an employer for the primary purpose of gaining knowledge or experience.

An intern is treated the same way as employees for the purposes of Part III of the Canada Labour Code (Code).

A student intern is someone participating in an internship to fulfill educational program requirements.

Who can be an intern

To be considered an intern in a federally regulated industry or workplace, the activities you perform in the workplace do not need to be as part of a formal educational program. You may be:

To determine if you are an employee, consult Determining the Employer/Employee relationship- IPG-069.

Labour standards for interns

As an intern, you receive full protections under the Code, and your internship does not need to have a minimum or maximum duration. You must be paid at least the minimum wage.

Consult the Federal Labour Standards to know your rights and protections.

Who can be a student intern

To be considered a student intern in a federally regulated industry or workplace, you must meet all of the following conditions:

Labour standards for student interns

In this section:

If you are considered a student intern, the following labour standards apply to you.

Note: not all labour standards in Part III of the Code apply to student interns. For example, as a student intern you may be unpaid.

Standard hours of work

As a student intern, your standard hours of work are the same as employees in federally regulated industries or workplaces. However, because student interns are not compensated with overtime pay, you cannot exceed the standard hours of work when performing activities for an employer.

Modified work schedule

With your approval, your employer may establish a work schedule that exceeds the standard hours of work. Modified work schedules must not exceed 40 hours per week averaged over a period of 2 weeks or more.

Maximum hours of work

You may undertake both an unpaid internship to fulfill the requirements of an educational program and paid employment with the same employer. However, the total hours of both positions must not exceed 10 hours per day or 48 hours per week. If you approve a modified work schedule, the hours may exceed 48 hours per week. However, your work schedule must not exceed an average of 48 hours per week over a period of 2 or more weeks.

Breaks and rest periods

As a student intern, you are entitled to:

Shift changes and notice of work schedules

Your employer must inform you in writing at least 24 hours before they make a change to one of your scheduled shifts. This also applies if your employer changes a period during which you are to be on standby or on-call.

Your employer is also responsible for providing you with your schedule in writing at least 96 hours before the start of your first shift. The new schedule must also include any of your standby or on-call periods. As a student intern, you have the right to refuse a shift that starts less than 96 hours after the schedule is provided to you.

Employees under 18 years of age

If you are a student intern under 18 years of age, you can only perform activities in the workplace if you meet the following conditions:

General holidays

As a student intern, you are entitled to time off for 10 general holidays per year. You and your employer may agree to substitute a general holiday with another day.

Protected leaves of absence and maternity-related reassignment

If you are pregnant or nursing, you have the right to make a request to your employer to modify your activities. To do so, you must provide a certificate from a health care practitioner stating that your duties cause a risk to your health or that of the foetus or child. The employer must either accept to modify your activities or else provide reasons in writing explaining why this is not reasonably practicable.

You are entitled to leave while awaiting a response. However, unlike employees, you are not entitled to an additional leave of absence if you cannot continue performing activities, including situations in which your employer is not able to modify them.

As a student intern, you are entitled to the following leaves of absence:

To take these leaves you must meet the same criteria as employees in federally regulated industries or workplaces. You must also provide the same notice and documentation required. You are not entitled to pay while on these leaves.

Complaints related to reprisals

If you exercise your rights under Part III of the Code, your employer is not permitted to:

Genetic testing

Your employer cannot penalize or threaten to penalize you in any way because:

Receiving pay as a student intern

If you are a student intern, the Canada Labour Code does not require that you be paid and the activities you perform for an employer are not considered to be work.

On a voluntary basis, your employer may choose to give you money that is not connected to the activities you perform. This may include for example:

International students undertaking internships in Canada

If you are attending a school outside of Canada, you can still undertake an internship with a federally regulated employer in Canada. However, you must meet certain eligibility requirements and apply for a work permit. To learn more, visit Work as a co-op student or intern.

As an international student, you can also be considered a student intern and therefore be entitled to certain labour standards protections, even though you are unpaid. However, you must meet all the conditions required to be considered a student intern.

Misclassification of interns and student interns

Employers are prohibited from treating an employee as if they were not their employee. A person who is paid remuneration by an employer is presumed to be their employee unless the contrary is proved by the employer.

The following are some examples of situations in which an employee may be misclassified:

Any employer who misclassifies an employee is contravening the Code. They may be subject to enforcement action by the Labour Program, up to and including an administrative monetary penalty (AMP) or prosecution.

Definitions

Educational program requirements

Activities that are a formal part of a program offered by an educational institution. These activities may allow you to receive either elective or mandatory credits.

Valid educational institutions

A valid educational institution is one of the following:

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2026-01-13