In Manitoba, all interns are considered employees and entitled to minimum wage unless they fall within (1) the student exemption or (2) the professional exemption, (3) the volunteer exemption, or (4) the government training exemption, which are described below:
(1) The student exemption states that the entire Employment Standards Code, which includes the right to minimum wage, does not apply to employees who is given “training or work experience for a limited period of time” through a program implemented or approved by a government authority or school board.
(2) The professional exemption states that certain minimum employment standards in the Employment Standards Code, including the right to minimum wage, do not apply to employees who are qualified and practising in certain professions, or employed as a “student-in-training” for one of those professions. Professionals and students-in-training are, however, entitled to minimum standards related to vacations, maternity leave, termination of employment, and equal wages (Reg. 62/99).
(3) The volunteer exemption states that the Employment Standards Code, which includes the right to minimum wage, does not apply to an employee who works as a volunteer for a religious, philanthropic, political, patriotic or charitable institution. The regulations also state that employment standards do not apply to employees working as “a volunteer camp counsellor at a residential camp that is operated by a charitable organization” (Reg. 62/99).
(4) The government training exemption states that minimum wage does not apply to employees who are given training or work experience for a limited period of time through a program implemented or approved by provincial or federal government authorities.
Effective October 1, 2015, the hourly minimum wage in Manitoba is $11.00 per hour.
Health and Safety Rights
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.
In Manitoba interns are entitled to protections against discrimination and harassment under theHuman Rights Code:
14(1) No person shall discriminate with respect to any aspect of an employment or occupation, unless the discrimination is based upon bona fide and reasonable requirements or qualifications for the employment or occupation.
…14(2)”any aspect of an employment or occupation” includes (a) the opportunity to participate, or continue to participate, in the employment or occupation; (b) the customs, practices and conditions of the employment or occupation; (c) training, advancement or promotion; (d) seniority; (e) any form of remuneration or other compensation… and (f) any other benefit, term or condition of employment or occupation.
19(1) No person who is responsible for an activity or undertaking to which this Code applies shall (a) harass any person who is participating in the activity or undertaking; or (b) knowingly permit, or fail to take reasonable steps to terminate, harassment of one person who is participating in the activity or undertaking by another person who is participating in the activity or undertaking.
Disclaimer: This factsheet is not legal advice and should not, under any circumstances, be relied upon as legal advice. For assistance with your specific legal issue, please contact the appropriate government department or a legal professional. The Canadian Intern Association does not accept any liability for your use of this factsheet and will not, under any circumstances, be liable to you or any other person for any loss or damage arising from, connected with, or relating to the use of this factsheet by you or any other person.