Intern Protection Act

An Act to amend the Canada Labour Code (training without remuneration)

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Laurin Liu  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of June 16, 2014
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the definition “employee” in the Canada Labour Code to include persons receiving training with or without remuneration and specifies the conditions under which training without remuneration is permitted.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

LabourAdjournment Proceedings

December 1st, 2014 / 7:05 p.m.
See context

NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I would like to thank my colleague. I know that she has had to stay late tonight in order to answer my question, and I appreciate it.

She says that there is legislation that applies to interns. It is true that there are various provincial laws in this country that protect interns. However, there are no protections in place for interns who work in transportation, telecommunications and banks. We need to fill that gap and create legislation that will protect interns working in those three areas, which fall under federal jurisdiction.

The largest number of unpaid interns are working in telecommunications. A former intern, Jainna Patel, recently filed a complaint because she was doing the same work as paid employees, although she was not being paid herself.

That is why my bill, Bill C-620, is needed. It will protect interns, such as Jainna Patel, who have no recourse under federal law. What is more, unpaid internships penalize young people who do not necessarily come from well-off families and who cannot afford an unpaid internship.

Will the hon. member opposite support my bill, Bill C-620, so that we can protect unpaid interns who are working in areas under federal jurisdiction?

Intern Protection ActRoutine Proceedings

November 25th, 2014 / 10:05 a.m.
See context

NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

moved for leave to introduce Bill C-620, An Act to amend the Canada Labour Code (unpaid training).

Mr. Speaker, I am pleased to be introducing the intern protection act.

After consulting with experts and stakeholders, we made some changes to this bill. I would like to thank the family of Andy Ferguson for their help in developing this bill.

Basically, this bill would ensure that paid positions cannot be turned into unpaid internships. The bill will also offer basic protections for unpaid interns, such as protection against sexual harassment, protection of hours of work and protection against dangerous work.

I encourage all of my colleagues to support this bill, which is urgently needed and very important for our young workers.

(Motions deemed adopted, bill read the first time and printed)

FinanceCommittees of the HouseRoutine Proceedings

November 17th, 2014 / 6 p.m.
See context

NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, my colleague has made an excellent point.

An increasing number of young people are coming out of university with debt. Many students cannot accept an unpaid internship because that would be costly. They have debts to repay and they have to pay for other needs, such as room and board. Unpaid internships are often only feasible for a very small group of young people who come from families that might help them with their expenses.

That is why the NDP, in the dissenting finance committee report, asked the government to provide for better management of the practice of unpaid internships, mainly through amendments to the Canada Labour Code, in order to ensure better working conditions. That is what my Bill C-620 would do.

FinanceCommittees of the HouseRoutine Proceedings

November 17th, 2014 / 5:50 p.m.
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I will be sharing my time with the member for Davenport.

I am very pleased to participate in today's debate about the report of the Standing Committee on Finance entitled “Youth Employment in Canada: Challenges and Potential Solutions”.

I am very concerned about youth unemployment, and I will talk later about my bill, Bill C-620. I have worked extremely hard on this file with my colleague from Davenport. We have also considered the issue of unpaid internships and the best ways to protect unpaid interns.

Youth unemployment is a serious concern. We know that the youth unemployment rate in Canada is almost double the national unemployment rate.

According to the committee's report, witnesses said that young Canadians are still feeling the effects of the economic crisis.

Although job growth has been too weak across the board to recover the jobs lost during the crisis, young people have been particularly hard hit. More than 455,000 jobs for people under the age of 25 have been lost since the recession, and the youth unemployment rate remains stuck at double the rate for the population aged 25 and over.

Furthermore, if we look at the figures for young Canadians who are underemployed—meaning that they cannot find full-time jobs in their sector—we can see that one out of three young Canadians is underemployed. I find that figure extremely worrisome.

In light of the current climate, I introduced Bill C-620 to protect unpaid interns in Canada. I worked on this bill with the family of a former intern, Andy Ferguson. He was an intern at a radio station in Edmonton, Alberta. After working 16 hours straight, he unfortunately fell asleep at the wheel while driving home and was involved in a fatal accident.

He did not have the benefit of federal protections. Interns working in areas under federal jurisdiction, including the telecommunications sector, in which Andy Ferguson worked, the transportation sector and the banking sector, have no protection.

There is nothing in Canadian law to protect the health and safety of these interns. That is very disturbing. Andy Ferguson's case sparked a national debate.

We have seen other cases across the country in which unpaid interns have been abused. For example, Jainna Patel was an unpaid intern in Toronto with Bell, a very profitable company that makes a lot of money. This unpaid internship program was shut down a few months ago. However, Jainna Patel says that she did the same kind of work as paid employees, but she did not receive any compensation.

This is part of a disturbing trend in which employers transform paid jobs into unpaid internships. We think that this is an abuse of the concept or the very idea of unpaid internships.

This spring, I introduced Bill C-620, which has two parts. Unpaid interns are in a grey area and get no protection. Bill C-620 would ensure that unpaid interns working for employers under federal jurisdiction get a certain level of protection. For example, my bill will give interns the right to refuse dangerous work and protect them from sexual harassment. Harassment cases have surfaced recently in various workplaces, including in the telecommunications sector. The first part of my bill is designed to protect interns.

The second part is designed to prevent employers from converting paid positions into unpaid internships. Canadian employers need to understand that unpaid internships are not a source of cheap labour. Unpaid interns must not be exploited. If interns are doing the same work as paid employees, employers must pay them. My bill stipulates that internships must benefit interns first and foremost. We have to put a stop to the abuse of unpaid interns in Canada, and I think my bill is a good place to start.

This is also about gender inequality, as several witnesses pointed out in committee. Internships tend to be in female-dominated fields. Witnesses from the Canadian Intern Association and the University of Toronto Students' Union told us that unpaid internships are most popular in journalism, nutrition, social work, marketing, public relations and fashion. We have to improve conditions for all workers in the labour market, but it is important to note that women are affected more than men.

According to recent studies, especially one out of the University of Victoria, unpaid interns are no more likely to get a paid job after their internship. Most unpaid interns did not get a job offer after completing an unpaid internship. The Governor of the Bank of Canada claimed otherwise, but he is quite wrong. It is simply not true that unpaid internships increase young people's chances of getting a paid job. The real problem is that those jobs do not exist. The Conservative government has not managed to create jobs for young people. We should start by taking a closer look at that problem.

At a meeting of the Standing Committee on Finance, I had the great pleasure of asking Claire Seaborn, a representative of the Canadian Intern Association, some questions. Many of her recommendations were quite relevant and very interesting. Since I only have a minute left, I would like to draw the attention of the House to some of the recommendations of that report, specifically recommendation 9, which calls on the federal government to collect data on unpaid internships in Canada. A number of witnesses pointed out that Statistics Canada has no data on the number of unpaid interns in Canada. We need to have this information if we really want to tackle the problem.

Furthermore, recommendation 10 calls on the federal government to continue to invest in internships, especially in areas of science, technology, engineering and mathematics. That is an excellent recommendation.

The final recommendation I would like to highlight is recommendation 16, which calls on the federal government to explore ways to promote youth hiring in Canada, such as tax credits for businesses, for instance, which was an NDP proposal.

I look forward to questions and comments from my colleagues.

October 29th, 2014 / 4:40 p.m.
See context

NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

If Bill C-620 had been in place before these events, before Andy Ferguson's internship as well as before Jainna Patel's internship, would these interns have been protected under what would be contained in Bill C-620?

October 29th, 2014 / 4:35 p.m.
See context

NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Thanks to the committee for allowing me to sit today. As you know, I'm not a normal member of this committee.

I'd like to direct my comments to the Canadian Intern Association, and particularly to Ms. Seaborn.

Thank you for your outspoken advocacy in favour of unpaid interns. It's a voice that's sorely needed. We estimate that today there are up to 300,000 unpaid interns across Canada, which is a very large number.

I'd like to concentrate on your recommendation concerning extending employment standards, such as occupational health and safety standards in the Canada Labour Code, to interns and students.

As you're aware, I tabled Bill C-620, the intern protection act, earlier this year to this effect. Private member's Bill C-620 was largely inspired by the case of Andy Ferguson, whom you mentioned, an intern who was completing his practicum at a radio station and was asked to work unreasonable hours and fell asleep at the wheel.

Could you elaborate on this case and tell us more precisely how his status as a student and as an intern impacted his rights in the workplace?

Intern Protection ActRoutine Proceedings

June 16th, 2014 / 3:25 p.m.
See context

NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

moved for leave to introduce Bill C-620, An Act to amend the Canada Labour Code (training without remuneration).

Mr. Speaker, I am honoured to introduce a bill that would offer the same workplace protections to unpaid interns under the Canada Labour Code that are already provided to paid employees.

I would like to note my colleague from Davenport's exceptional work on this issue and I thank him for seconding this bill.

Youth unemployment is currently double the national average, and many companies are replacing entry-level positions with unpaid internships. In the absence of federal laws to protect them, unpaid interns are often at risk of being exploited.

In 2011, 22-year-old Edmontonian Andy Ferguson died in a head-on collision when he fell asleep at the wheel after working excessive hours, some of which were as an unpaid intern. Unfortunately, protections such as the ones in this bill were not in place when this accident occurred.

This bill will establish clear rules, particularly in relation to reasonable hours of work and protection against sexual harassment and unsafe working conditions. It will also prevent companies from turning paid jobs into unpaid internships.

I urge all of the members of the House to support my bill. It is time we put an end to the exploitation of interns and started protecting young workers.

(Motions deemed adopted, bill read the first time and printed)