Health & Safety

British Columbia
In British Columbia interns are entitled to protections under provincial worker’s compensation, as well as health and safety laws. The legislation and regulations define “worker” to include:

“worker” includes…a person who is a learner…who becomes subject to the hazards of an industry… for the purpose of undergoing training or probationary work specified or stipulated by the employer as a preliminary to employment.

Alberta
In Alberta interns are entitled to protections under provincial worker’s compensation, as well as health and safety laws. The Workers Compensation Act defines “worker” and “learner” as follows:

“worker” means a person who enters into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise and includes…a learner.

“learner” means a person who, although not under a contract of service or apprenticeship, becomes subject to the hazards of an industry to which this Act applies for the purpose of undergoing testing, training or probationary work preliminary to employment in an industry to which this Act applies.

Alberta’s Occupational Health and Safety Act defines “worker” and “occupation” sufficiently broadly to include interns and unpaid workers:

“worker” means a person engaged in an occupation

“occupation” means every occupation, employment, business, calling or pursuit over which the Legislature has jurisdiction.

Saskatchewan
In Saskatchewan interns are entitled to worker’s compensation if they are “subject to the hazards of an industry…for the purpose of undergoing training or probationary work as a preliminary to employment.” The Worker’s Compensation Act defines “worker” and “learner” as follows:

 “worker” means a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise, and includes: (i) a learner…

 “learner” means a person who, although not under a contract of service or apprenticeship, becomes subject to the hazards of an industry similar to the hazards an employee in that industry faces for the purpose of undergoing training or probationary work as a preliminary to employment.

The Saskatchewan Employment Act is less clear as to whether interns are entitled to occupational health and safety protections, and merely provides for a broad definition of “worker” that could be interpreted to include unpaid interns and students:

 “worker” means an individual, including supervisor, who is engaged in the service of an employer.

Manitoba
In Manitoba interns are entitled to health and safety protections based on the Workplace Health and Safety Act definition of “worker” that includes persons undergoing training:

“worker” includes… “(c) any person undergoing training or serving an apprenticeship at an educational institution or at any other place.

Interns in Manitoba are also entitled to worker’s compensation based on the Workers Compensation Act definitions of “worker” and “learner”:

“worker” includes…(a) a person, whether or not under the age of 18 years, who neters into or works under a contract of service or apprenticeship, written or oral, expressed or implied, whether by way of manual labour or otherwise, [and] (b) a learner.

“learner” means any person who, although not under a not under a contract of service or apprenticeship, becomes subject to the hazards of an industry…for the purpose of undergoing training or probationary work as a preliminary to employment.

Ontario
In Ontario interns are entitled to health and safety protections based on the Occupational Health and Safety Act definition of “worker”:

“worker” means…
2. A secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operates the school in which the student is enrolled.
3.
A person who performs work or supplies services for no monetary compensation under a program approved by a college of applied arts and technology, university or other post-secondary institution
4. A person who receives training from an employer, but who, under the Employment Standards Act, 2000, is not an employee for the purposes of that Act because the conditions set out in subsection 1 (2) of that Act have been met.
5.
Such other persons as may be prescribed who perform work or supply services to an employer for no monetary compensation.

Interns in Ontario are also entitled to workers’ compensation based on the Workplace Safety and Insurance Act definitions of “worker” and “learner”:

“worker” means a person who has entered into or is employed under a contract of service or apprenticeship and includes… 1. A learner [and] 2. A student.

“learner” means a person who, although not under a contract of service or apprenticeship, becomes subject to the hazards of an industry for the purpose of undergoing training or probationary work.

Quebec
In Québec interns are entitled to health and safety protections based on the definition of “worker” in An Act Respecting Occupational Health and Safety:

“worker” means a person, including a student in the cases determined by regulation, who, under a contract of employment or a contract of apprenticeship, even without remuneration, carries out work for an employer…

Similarly, Quebec’s worker’s compensation scheme applies to interns and under An Act Respecting Industrial Accidents and Occupational Diseases:

“worker” means a natural person who does work for an employer for remuneration under a contract of employer or of apprenticeship.

10….a student is considered to be a worker employed by the educational institution in which he is pursuing his studies, or by the school board, where the institution comes under such a board if, under the responsibility of the institution, he is undergoing a training period at an establishment, without remuneration, or if his case is one of the cases determined by regulation.

13. A person is considered to be a worker if he does volunteer work for the purposes of an establishment, provided that his work is done with the agreement of the person who uses his services and that the latter person sends a statement to the Commission setting out (1) the nature of the activities carried on in the establishment; (2) the nature of the volunteer work; (3) the number of persons doing volunteer work for the purposes of the establishment or who are likely to do it within the current calendar year; (4) the average duration of the volunteer work; and (5) the period during the current calendar year for which protection is requested under this Act.

New Brunswick
In New Brunswick provincial laws do not provide clear guidance on whether interns and students are entitled to health and safety protections. The Occupational Health and Safety Act defines “employee” as “a person employed at or in a place or employment. Arguably, interns and students are entitled to health and safety protections in New Brunswick based on this definition.

New Brunswick’s Workers’ Compensation Act more clearly includes interns and students within its scope. The legislation defines the terms “worker” and “learner” as follows:

“worker” means a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise, and includes (a) a learner…

“learner” means any person who, although not under contract of service or apprenticeship, becomes subject to the hazards of an industry…for the purpose of undergoing training or probationary work supplied or stipulated by the employer as a preliminary to employment and includes a student attending an educational institution in the Province while participating in an approved work experience program at the place of business of an employer to whom this Act applies.

Newfoundland & Labrador
In Newfoundland and Labrador provincial laws do not provide clear guidance on whether interns and students are entitled to health and safety protections. The Occupational Health and Safety Act defines “worker” as “a person engaged in an occupation,” where “occupation” is defined broadly in the regulations as “an employment, business, calling or pursuit. Arguably, interns and students could fall within this broad definition.

Newfoundland and Labrador’s Workplace Health, Safety and Compensation Act more clearly includes interns and students within its scope. The legislation defines the terms “worker” to include apprentices and learners:

“Worker” means… a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise, and includes…

(ii) a person who is a learner, although not under a contract of service or apprenticeship, who becomes subject to the hazards of an industry for the purpose of undergoing training or probationary work specified or stipulated by the employer as a preliminary to employment.

Prince Edward Island
In Prince Edward Island provincial laws do not provide clear guidance on whether interns and students are entitled to health and safety protections. The Occupational Health and Safety Act defines “worker” as “a person employed in a workplace” and defines “workplace” as “a place where a worker is or is likely to be engaged in an occupation.”

Prince Edward Island’s Workers’ Compensation Act clearly includes interns and students within its scope. The legislation defines “worker” to include apprentices, learners, and students:

“worker” includes (i) a person who enters into or works under a contract of service or apprenticeship, (ii) a learner or student…

“learner” means a person who, although not under a contract of service or apprenticeship, becomes subject to the hazards of an industry within the scope of the Act for the purpose of undergoing training or probationary work as a preliminary to employment

“student” means a person who is pursuing a formal education as a full-time or part-time student and is employed by an employer for the purposes of the employer’s industry, although not as learner or an apprentice

Nova Scotia
In Nova Scotia provincial laws do not provide clear guidance on whether interns and students are entitled to health and safety protections. The Occupational Health and Safety Act defines “employee” as “a person who is employed to do work,” which could arguably include interns and students.

Nova Scotia’s Workers’ Compensation Act clearly includes interns and students within its scope. The legislation defines “worker” to include apprentices, learners, and certain students:

“worker”… includes (i) a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied…(iii) a learner, (iv) a student admitted pursuant to Section 6.

“learner” means (i) an apprentice, or (ii) any person who, although not under a contract of service or apprenticeship, becomes subject to the hazards of any industry…for the purpose of undergoing testing, training or probationary work as a preliminary to employment.

6 (1) The Governor in Council, may be order, admit any student of (a) a school as defined in the Education Act; (b) a vocational school, regional vocational school, technical institution, or nay educational facility under the supervision and management of the Minister of Education; or (c) a community college as defined in the Community Colleges Act to the application of this part.

Federal Jurisdiction
This section is currently under construction.