Changes to Ontario’s Internship Laws

As of January 1st, 2018, Ontario’s internship laws have changed in three ways.

First, the six-part test for trainees not part of a secondary, post-secondary, or professional program was repealed. This means that if you are completing an internship or training program that is not part of a secondary, post-secondary, or professional program, you likely qualify as an employee under the Employment Standards Act and are entitled to minimum wage. Effective January 1, 2018, the hourly minimum wage in Ontario is $14 for most employees, and $13.15 for students under the age of 18 who work 28 hours a week or less when school is in session, or work during a school break or summer holidays.

Second, the student exemption was broadened to include students interning as part of a private career college program. If you are an interning as part of a university, private career college or other post-secondary institution program, you are likely not entitled to minimum wage.

Third, the definition of worker under the Occupational Health and Safety Act was broadened to include those who intern without pay as part of a private career college program. If you are completing an unpaid internship or training program as part of a university, private career college or other post-secondary institution, you are likely entitled to protections under the Occupational Health and Safety Act.

Click here for a more comprehensive review of Ontario’s current internship laws.