Businesses free to hire and exploit unpaid interns under Bill C-59, critics say

By Christopher Pearson

Bill C-59 on implementing provisions of the government’s budget is causing alarm among advocates for interns’ rights, who claim that the new bill will make it easier for companies to hire unpaid interns, while leaving them exposed and subject to exploitation.

Claire Seaborne, President of the Canadian Intern Association explains that “protections related to hours of work, work-related illness or injury, sexual harassment, and the filing of complaints” are not included in the proposed amendment.

Jonathan Champagne, Executive Director of the Canadian Alliance of Student Associations argues that the new bill has “potential for interns and federally regulated industries to be in the position of having their work not be recognized or compensated, whether in the form of pay, academic credit, or some sort of certification” and adds a second unique point in that there are “no limits on the number of consecutive internships, [where] there’s a concern that students or young people may find themselves in cycles of internships of either unpaid or low-paid work”.

Tim Gleason, a partner of Dewart Gleason LLP argues that “we do not permit other employees to bargain below minimum standards and minimum wages. We determine that a just society cannot do that, at least since the 1948 Universal Declaration of Human Rights”.

Mr. Gleason also went on further to add that “decency should prevent us from excluding this group of vulnerable young workers from the protections we have long held to be necessary for all working people”.

Executive Director John Farrel of FETCO (Federally Regulated Employers—Transportation and Communications) countered that “interns are not employees but they have the right to be treated fairly, and an appropriate balance is required”.

He cautioned that “overregulation of interns may lead to the unintended consequence of a reduction in existing internship programs”. Farrel also recommended that “internships be permitted to last for a full 12 months. This will allow a greater opportunity for an intern to get more in-depth experience where it would be beneficial to do so.” He included that “we support consultation with stakeholders” and warned that “the provisions of part 3 that apply to interns should focus on basic workplace protections, such as hours of work and leave without pay for illness and bereavement”.

Andrew Cash, NDP MP for Davenport added that those cautioning against provisions due to hypothetical lawsuits against employers are putting forth an unfair argument “the government side likes to put up the straw man argument of employees suing large corporations. Imagine that. Imagine a young unpaid intern going up against Bell, right? That’s scary stuff, right, for Bell?” and added that “not one of us in this room would put their own children in those kinds of circumstances. Why would the government do that?”