Are Apprentices Employees in Ontario? Does an Employer Have to Pay an Apprentice?

If you are an apprentice in Ontario, are you legally an employee? Does your employer have to pay you for your work?

These questions are common among apprentices and employers, particularly in the skilled trades.

An employer may sometimes say:

“You are an apprentice, not a regular employee.”

Or:

“You are here for training, so we don't have to pay you.”

But being an apprentice does not automatically mean that a person is excluded from Ontario's Employment Standards Act, 2000 (ESA).

In many situations, an apprentice is also an employee for ESA purposes and is entitled to applicable employment standards protections.

However, there are important exceptions, particularly where the apprentice's work is performed under an educational program that falls within an ESA exclusion.

Let's take a closer look.

The Short Answer

Is an apprentice an employee?

Generally, an apprentice can be an employee under the ESA.

The fact that someone is officially an apprentice under Ontario's apprenticeship legislation does not, by itself, mean that the ESA does not apply.

Ontario's Employment Standards Act Policy and Interpretation Manual specifically discusses apprentices and notes that a person may be an apprentice under apprenticeship legislation and also an employee under the ESA.

Does an employer have to pay an apprentice?

If the apprentice is an employee covered by the ESA, the employer generally must pay the apprentice the wages required by the ESA and any applicable rules governing the trade.

However, there are situations where the ESA does not apply, including certain work performed under approved college, university or private career college programs.

Therefore, the answer depends on what type of apprenticeship arrangement is involved and what the apprentice is actually doing.

“Apprentice” Does Not Automatically Mean “Not an Employee”

This is one of the most important points.

There are two different legal concepts:

Apprentice

A person may be an apprentice under Ontario's skilled-trades legislation and have a registered apprenticeship/training agreement.

Employee

The same person may also meet the definition of an employee under the ESA.

These are not mutually exclusive.

Ontario's ESA Policy and Interpretation Manual discusses the case of Northland White Truck Sales Limited v. Laframboise, where the decision-maker rejected the argument that the claimant was not an employee simply because his employment was regulated by apprenticeship legislation.

The decision found that although he was an apprentice for purposes of the apprenticeship legislation, he was also an employee for purposes of the employment standards legislation.

This principle is important:

Being an apprentice does not automatically remove a worker from Ontario employment standards protection.

Does an Employer Have to Pay an Apprentice?

If the apprentice is an employee covered by the ESA, yes, generally the employer must pay the apprentice for work performed.

Ontario's ESA requires employers to pay employees the wages they earn, subject to the applicable statutory rules and exemptions.

An employer therefore should not assume that it can have an apprentice perform productive work for free simply because the person is receiving training.

For example, suppose a plumbing contractor has an apprentice who:

• works according to the company's schedule;

• performs plumbing work at customer sites;

• follows instructions from the employer or supervisor;

• performs work that benefits the business; and

• is working as part of a registered apprenticeship arrangement.

The fact that the worker is learning the trade does not automatically make the work unpaid.

The apprentice may be both:

a trainee learning a trade

and

an employee performing work for an employer.

Apprenticeship Is Not the Same as Unpaid Training

This distinction is extremely important.

An apprenticeship normally involves training plus practical work experience.

The fact that a person is learning while working does not necessarily mean that the employer receives no benefit.

For example, an apprentice electrician may be learning:

• how to install electrical equipment;

• how to read plans;

• how to troubleshoot electrical systems;

• how to comply with safety requirements; and

• how to perform the trade's practical tasks.

At the same time, the apprentice may be performing actual work for the employer's customers.

The employer may therefore receive a significant benefit from the apprentice's work.

This is very different from a purely educational exercise where the primary purpose is to provide training to the student.

What About the ESA's Training Rules?

The ESA has specific rules concerning people receiving training.

Generally, an individual receiving training from an employer is an employee if the skill being trained is a skill used by the employer's employees, unless all of the statutory conditions for the training exception are satisfied.

Those conditions include, among other things, that:

• the training is similar to training provided in a vocational school;

• the training is for the individual's benefit;

• the employer derives little, if any, benefit from the individual's activities while being trained;

• the individual does not displace employees;

• the individual is not given a right to become an employee; and

• the individual is told that they will receive no remuneration for the training.

This is important because an employer cannot simply say:

“You're learning, therefore you don't have to be paid.”

The legal analysis is more complicated.

What Makes Apprentices Different?

An apprenticeship is specifically designed to combine practical training with the development of skills in a trade.

Ontario's skilled-trades legislation provides for apprenticeship programs that may include:

• on-the-job training standards;

• in-class curriculum;

• examinations; and

• other requirements.

This means an apprentice may spend time:

On the job

Working under a sponsor/employer and developing practical skills.

In class

Completing the educational component of the apprenticeship.

These two components should not automatically be treated the same way for ESA purposes.

Important Exception: When the ESA May Not Apply

This is where the analysis becomes more complicated.

ESA s. 3(5) provides that the ESA does not apply to certain individuals performing work under specified educational programs.

For example, the ESA excludes:

an individual who performs work under a program approved by a college of applied arts and technology or a university.

There is also an exclusion for work performed under certain programs approved by a registered private career college.

Ontario's ESA Policy Manual specifically states:

Work performed under an apprenticeship program may be covered by one of these exclusions because apprenticeship programs can include classroom training and may form part of an approved college, university or private career college program. 

Therefore, you cannot answer every apprenticeship question simply by saying:

“Apprentices are employees.”

You have to ask:

What apprenticeship program is this, and is the particular work being performed under an ESA-excluded educational program?

A Very Important Distinction: Work Under the Program vs. Other Work

The ESA exclusion does not necessarily mean that everything the person does for the employer is excluded.

The Ontario Ministry's policy explains that the exclusion applies only to work performed under the qualifying program.

This can become important where an individual has a dual role.

For example:

An individual may be:

a student/apprentice participating in an approved educational program

but may also separately perform work for a business outside that program.

The two activities may need to be analyzed separately.

Example 1: Apprentice Working for a Construction Company

Imagine that John is an apprentice carpenter.

He works for a construction company from Monday to Friday.

The company:

• gives him a regular schedule;

• assigns him to construction sites;

• supervises his work;

• pays him an hourly rate;

• and uses his work on actual construction projects.

John is learning the trade, but he is also performing productive work for the company.

Is John an employee?

Very likely, subject to the specific facts and any applicable exemption.

Does the employer generally have to pay him?

Yes, if he is an employee covered by the ESA.

Calling John an “apprentice” does not automatically make his work unpaid.

Example 2: Apprentice Attending Approved College Training

Now suppose John attends the classroom portion of his apprenticeship through a qualifying program approved by a college.

The work performed under that qualifying program may fall within the ESA's s. 3(5) exclusion.

The legal analysis is therefore different.

The important question is:

Is the work being performed under the qualifying educational program?

If so, the ESA may not apply to that work.

Example 3: “You're an Apprentice, So Work for Free”

Now imagine an employer tells an apprentice:

“You're not really an employee. You're here to learn, so I'm not paying you.”

The apprentice works 40 hours per week doing the same productive work as other workers.

This should immediately raise a red flag.

The employer should not assume that the word “apprentice” gives it permission to avoid employment standards obligations.

The apprentice's legal status must be determined based on the applicable legislation and the actual arrangement.

What If the Apprentice Signed an Agreement Saying They Are a Volunteer?

This is another important issue.

Suppose an apprentice signs a document saying:

“I agree to volunteer and understand that I will not receive wages.”

That document does not necessarily determine the person's legal status.

Ontario's Ministry of Labour states that employers are prohibited from misclassifying employees as volunteers, interns, independent contractors or other workers who are treated as outside the ESA.

The same principle applies here:

A label cannot automatically override the requirements of employment standards legislation.

If the person is legally an employee, simply calling the person a “volunteer apprentice” does not necessarily change that status.

What About Minimum Wage?

If an apprentice is an employee covered by the ESA, the applicable minimum-wage rules must be considered.

Ontario's general minimum wage is currently $17.60 per hour from October 1, 2025 to September 30, 2026, and is scheduled to increase to $17.95 per hour on October 1, 2026. Certain employees have different minimum-wage rates.

However, apprentices can be subject to trade-specific wage arrangements, collective agreements, contracts, or other statutory rules, so the applicable rate should be checked based on the particular trade and circumstances.

In other words:

Do not assume that every apprentice must simply receive the general minimum wage.

The correct wage may depend on the applicable apprenticeship and employment rules.

Does an Apprentice Get Overtime?

If the apprentice is an employee covered by the ESA, overtime rules may also apply, unless a specific exemption or special rule applies.

This means an employer should not assume:

“Apprentices are students, so overtime does not apply.”

That is not a safe assumption.

The employee's trade, duties, industry and applicable ESA exemptions should be examined before determining overtime entitlement.

What If the Apprentice Is Not Paid at All?

If you are an apprentice and you are working without wages, consider whether:

• you are registered in an apprenticeship program;

• you have a training agreement;

• who your sponsor/employer is;

• whether you are performing productive work;

• whether other employees are performing the same work;

• whether you are receiving classroom training;

• whether the work is part of an approved college/university/private career college program; and

• whether you were promised wages.

These facts can make a significant difference.

What Should Apprentices Keep as Evidence?

If you believe you should have been paid, keep copies of:

📄 Apprenticeship/training agreement📄 Employment agreement📱 Text messages and WhatsApp messages📧 Emails⏰ Work schedules🕐 Time records💰 Pay records📋 Job assignments📸 Worksite records👷 Instructions from supervisors📑 Records of classroom training

Also keep evidence showing what paid employees were doing.

For example, if you were told:

“You're only an apprentice.”

but you were performing the same productive work as other paid employees, that evidence may be important.

Frequently Asked Questions

Can an apprentice work for free in Ontario?

Not simply because they are an apprentice.

An apprentice may be an employee under the ESA and therefore entitled to applicable wages and employment standards protections.

However, certain work performed under qualifying educational programs may fall outside the ESA under s. 3(5).

Is an apprentice automatically an employee?

Not automatically in every circumstance.

But being an apprentice under apprenticeship legislation does not automatically exclude the person from being an employee under the ESA.

The Ontario Ministry's policy specifically recognizes that a person can be an apprentice under apprenticeship legislation and an employee under employment standards legislation.

Does an employer have to pay an apprentice?

Generally, if the apprentice is an employee covered by the ESA, yes.

But the applicable wage rate and ESA coverage must be determined based on the particular trade, program and circumstances.

Can an apprenticeship program be excluded from the ESA?

Yes, potentially.

If the work is performed under a qualifying program approved by a college, university or registered private career college, an ESA exclusion under s. 3(5) may apply.

Does signing an unpaid or volunteer agreement make the apprentice a non-employee?

Not necessarily.

The actual legal relationship and the applicable statutory provisions matter more than simply the label used in an agreement.

Bottom Line

🔨 Are apprentices employees?

Often, yes.

An apprentice can simultaneously be:

an apprentice under Ontario's apprenticeship legislation

and

an employee under the Employment Standards Act.

💰 Does an employer have to pay an apprentice?

Generally, if the apprentice is an employee covered by the ESA, the employer must comply with the applicable wage requirements.

But there are important exceptions, including certain work performed under approved educational programs covered by ESA s. 3(5).

Therefore, the right question is not simply:

“Is this person an apprentice?”

The better questions are:

What type of apprenticeship arrangement is this?

What work is the apprentice actually performing?

Is the work part of an ESA-excluded educational program?

Is the apprentice performing productive work for the employer?

What wage and trade-specific rules apply?

Those facts can determine whether the apprentice is entitled to payment and other employment standards protections.

Need Help With an Ontario Apprenticeship or Employment Matter?

If you are an apprentice who is working without pay, or an employer who is unsure about the legal requirements for employing an apprentice, it is important to assess the specific apprenticeship and employment arrangement.

Contact Situ Legal Services to discuss your situation and determine what legal options may be available.

Legal Disclaimer

This article provides general legal information and does not constitute legal advice. The application of Ontario employment law depends on the specific facts of each case, including the apprenticeship program, the work performed, the applicable trade rules and any statutory exemptions. Laws and regulations may change. For advice about a specific situation, consult a qualified legal professional.

Sources: Ontario Employment Standards Act, 2000; Ontario Ministry of Labour, Your Guide to the Employment Standards Act; Ontario Employment Standards Act Policy and Interpretation Manual; Ontario Modernizing the Skilled Trades and Apprenticeship Act, 2019; Northland White Truck Sales Limited v. Laframboise, ESC 1380.