Are Unpaid Internships Legal in Ontario?
Short answer: In most cases, no. If someone is doing work for a business in Ontario, they’re usually considered an employee and must be paid at least minimum wage along with other basic protections. Only narrow exceptions allow truly unpaid “internships.”
When can an internship be unpaid?
Unpaid placements are generally lawful only if they fall into one of these categories:
Secondary school programs
The placement is part of a work-experience or co-op program authorized by a school board and the student is enrolled in that school.Public college or university programs
The work is part of a program approved by an Ontario college of applied arts and technology or a university (for example, a for-credit co-op, field placement, or practicum).Private career college programs
The placement is part of a program approved by a registered private career college (where the program meets prescribed criteria).The narrow “trainee” exception
A non-student might be unpaid only if all of the following are true: the training resembles what’s taught in a vocational school; it’s genuinely for the individual’s benefit; the business gets little to no benefit from the person’s activities while trained; no employees are displaced; there’s no promise of a job afterward; and the person was told in advance they won’t be paid. Miss any of these elements and the person is an employee who must be paid.Certain professional training placements
Ontario has special rules and exemptions for people training in specific regulated professions (for example, law, architecture, engineering, medicine, dentistry, pharmacy and others). These carve-outs don’t cover every situation, so treat this as a specialized, case-by-case analysis.
When must interns be paid?
If the placement doesn’t fit one of the exceptions above, the person is an employee and must receive at least minimum wage and other Employment Standards Act (ESA) protections (overtime rules, vacation pay, public holiday rules, etc.). Labels don’t decide the issue—calling someone an “intern” or “volunteer” doesn’t remove legal rights if they’re doing productive work for the business.
“Volunteer” vs. “intern”
Volunteers (often in genuine charitable or community roles) are typically outside ESA coverage. But if someone is doing business work that benefits the organization in a way a regular worker would, they’re unlikely to be a true volunteer. When in doubt, assume pay is required.
What about federally regulated employers?
Banks, airlines, interprovincial transport and similar employers follow federal labour standards. Federally, unpaid student interns in approved educational programs can be unpaid; otherwise, interns must be paid. If you’re unsure whether your workplace is federal or provincial, get advice.
For employers: a quick compliance checklist
Start with “paid.” Treat interns as employees unless a clear, documented exception applies.
Tie to school credit. If relying on the student exception, confirm enrolment and program approval in writing.
Watch the trainee test. It’s all-or-nothing—if the business benefits from the person’s work, pay them.
Mind professional exemptions. If you’re in a regulated profession, verify the exact ESA rules that apply.
Cover health & safety. Unpaid students and certain trainees are still treated as workers under Ontario’s health and safety law; training and safety duties still apply.
Document everything. Keep copies of approvals, offer letters, schedules, and any academic agreements.
For students and jobseekers
Ask two questions upfront: “Is this part of an approved school or career-college program?” and “Will I get academic credit?”
Get it in writing. If the role isn’t tied to an approved program, you should expect pay.
Track your hours and duties. If you suspect misclassification, detailed notes help resolve pay issues.
We can help
Whether you’re structuring a student placement or you’ve been offered an unpaid internship, Vanguard Law can review the details, identify risks, and map the correct, compliant path forward.
This article is for general information only and is not legal advice. For advice about your situation, please contact a lawyer.