It is important that companies understand their civil and legal liability when they accept a trainee.

      Commission de la santé et de la sécurité au travail (CSST)1

Trainees must always be protected by the Act respecting industrial accidents and occupational diseases. The responsibility for registering the trainee with the CSST, however, depends on the type of trainee:

-     If the trainee is not paid, it is up to the school to make sure he or she is covered by the CSST; the school registers the trainee and pays an annual contribution.

-     If the trainee receives a salary, he or she is considered a worker. The company must then ensure that the trainee is covered by its agreements with the CSST and must pay the relevant contributions. The company must therefore include the trainee’s salary in its annual total payroll declaration. If the trainee’s salary was not included in the annual declaration but does not increase the declared total payroll by more than 25 percent, the company can wait to the end of the year to make the adjustment.

      Employment insurance ¹

The Employment Insurance Act, which came into effect on January 5, 1997, stipulates that any person who receives a salary must contribute to the employment insurance plan no matter how many hours are worked or what the salary. This means that a company that accepts a paid trainee must pay the employer’s contribution and deduct the trainee’s contribution at source. At the end of each paid practicum, the company must also issue an employment record indicating the time worked by the trainee.

      Labour standards ¹

Some trainees are covered by the Labour Standards Act, others are not. It is the purpose of the practicum that determines whether the Act applies. The school’s practicum coordinator will tell you if the trainees are subject to the Act or not.

Trainees in cooperative education programs (see FAQ 13) do not meet student exclusion criteria under the Labour Standards Act 2 and are thus covered by the Act.3

      Régie des rentes du Québec[1]

There are no special provisions for trainees. This means that if the practicum is paid, the trainee has the same status as an employee. The company must deduct contributions at the source and pay the employer contribution under the Taxation Act.

The Québec Pension Plan Act stipulates that an employee less than 18 years of age does not contribute to the Plan. The same applies for a trainee less than 18 years of age.

      Liability insurance

Civil and legal liability insurance arrangements in case of equipment damage due to fault or failure on the part of the trainee also differ depending on the type of practicum:  

-     In an unpaid practicum, the school is liable for the trainee, except in case of negligence on the part of the company. 

-     In a paid practicum, the trainee is considered a worker, and the company is liable.

It is important to emphasize that trainees are not left to their own resources in a work-study program. The company provides supervision for the trainees. It is up to the company to assign trainees tasks within their capabilities and to supervise their work to make sure they understand instructions given and are able to perform the tasks required. When the company fulfils these responsibilities, the risk of accident is low.

      Trainee transportation

-     Trainees are always responsible for their own transportation.

-     If the company asks a trainee to use his or her own car to perform tasks specified in the Training Plan, the company generally assumes the additional costs incurred by the trainee for personal insurance.