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Module 7: Employment Standards and Compliance

Module 7

1. Paid vs. Unpaid WIL Placements

Photo: Gurchadan Singh, courtesy of the Co-op program at TRU

Understanding the distinction between paid and unpaid work-integrated learning (WIL) placements is essential for employers who want to remain compliant with B.C. employment law while supporting student learning and workforce development. In British Columbia, unpaid internships are generally illegal, with only two clearly defined exceptions under the Employment Standards Act.

Legal Framework in B.C.

The Employment Standards Act of British Columbia allows unpaid work experience only under the following two conditions:

  1. The placement is a formal practicum that is part of a post-secondary educational program, usually involving structured supervision and defined learning objectives.
  2. The internship is required for entry into a regulated profession, as part of formal occupational training.

If a placement does not meet one of these criteria, it is subject to all standard employment protections, including:

  • Minimum wage requirements
  • Overtime rules
  • Job-protected leave entitlements

If the work provides commercial benefit to the employer and is not part of a formal educational program, the student must be paid.

What Counts as a Valid Unpaid WIL Placement?

Permitted unpaid placements include:

  • Practicums integrated into diploma or degree programs
  • Supervised field experiences tied to course credit
  • WIL placements offered through accredited co-op programs or training pathways

To be considered valid under the law, these experiences must:

  • Be initiated and monitored by the academic institution
  • Include a learning component or skills development
  • Avoid displacing paid workers

Paid WIL Placements and Supports

Most student placements today are paid and often supported by government programs or wage subsidies. These programs help employers offset the cost of hiring students while complying with employment standards.

Examples of paid WIL funding and wage support programs:

  • Student Work Placement Program (SWPP) – Federal wage subsidy through Employment and Social Development Canada
  • Mitacs Accelerate and Business Strategy Internship (BSI) – Funding for research-based and innovation-related placements
  • NRC IRAP and SR&ED Tax Credit – Research-focused support for hiring youth and interns
  • Columbia Basin Trust Grants – Regional funding to help subsidize student wages

Unpaid Leave Protections for Paid Employees

While not always applicable to students, B.C. law also provides job-protected, unpaid leave for employees in areas such as:

  • Illness or injury (up to 3 days)
  • Family responsibilities (up to 5 days)
  • Domestic or compassionate care needs

These laws reinforce the broader ethical and legal obligations of hosting workplaces and underscore the importance of treating WIL students with the same respect and clarity as other employees when applicable.