Unpaid internships are largely illegal in Ontario — unless you meet one of a very narrow set of exceptions. If you are performing work that benefits an employer, you are almost certainly an employee under the law, and employees must be paid at least minimum wage.
Under Ontario’s Employment Standards Act, 2000, a person who performs work for an employer is presumed to be an employee — and employees are entitled to minimum wage, overtime pay, vacation pay, and all other ESA protections.
The label “intern” or “unpaid intern” does not change this. An employer cannot avoid their legal obligations simply by calling you an intern.
When Unpaid Internships Are Legal
There are only two situations where unpaid work is permitted in Ontario:
School-approved placements — If your internship is a formal requirement of a college or university program and your school has approved it, it may be exempt. The placement must be part of your curriculum — not simply something you arranged yourself.
Volunteering at a non-profit — Genuine volunteers at charitable or non-profit organizations are not covered by the ESA. But this only applies to true volunteer work — not work that replaces paid staff or commercially benefits the organization.
Outside of these two situations, unpaid internships are not legal.
When They Are Not Legal
If you are doing tasks a paid employee would normally do — managing social media, handling customer inquiries, writing content, doing research — you are an employee under Ontario law. A reference letter, a LinkedIn recommendation, or a vague promise of future employment does not change that.
The label “intern” does not override your legal rights.
What You Can Do
If you are currently in an unpaid role that doesn’t fit the legal exceptions, you may be entitled to back pay for every hour worked at minimum wage — going back up to two years. You can file a complaint with the Ontario Ministry of Labour at no cost, and your employer cannot legally punish you for doing so.
