Filing A Claim

In Ontario, you may sue with the Ministry of Labour, Immigration, Training and Skills Development if you believe the Employment Standards Act (ESA), Employment Protection for Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being violated.

If you have actually lost your task, please visit Employment Ontario to find out how they can help you get training, build skills or find a brand-new job.

Suing

You can submit a claim online for any problems relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

You can likewise file a claim online for problems connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to anticipate when filing an employment standards declare

If you have actually already begun a claim

If you have actually currently begun or filed a claim through the claimant website, you can:

– check in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have formerly signed up for the claimant website using a ONe-Key account, please choose the sign-in/ create account button and produce a My Ontario account utilizing the exact same email address that was utilized when you registered in the claimant portal. If you do not use the same email address, job you will not be able to see any of your previously sent claims. If you need help, please call the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for an overview of the portal functions, including how to sign-up and use the portal.

Internet web browser requirements

To submit a claim online utilizing e-claim or to access the claimant portal you ought to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other browsers may work, but they are not supported by the e-claim or claimant portal.

PDF claim forms

You can likewise submit an ESA or EPFNA claim utilizing the PDF claim type.

Submit your claim by:

– fax to 1-888-252-4684 or

mail to:

Provincial Claims Centre
Ministry of Labour, Immigration, Training and Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act declares

Most staff members working in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some workers who are covered by the ESA have unique guidelines and/or exemptions that might apply to them.

A claim may be made when you believe your company has actually broken your rights under the ESA.

Examples of ESA infractions include:

– Failure to pay a staff member the proper rate of pay and/or public vacation pay, holiday pay or other salaries they are entitled to under the ESA.

– Not supplying a staff member with time off for an entitled leave of absence under the ESA or penalizing a worker for taking such a leave.

– Not providing a staff member with wage statements or other required documents.

To find out more, visit Your Guide to the Employment Standards Act or job the Guide to special guidelines and exemptions.

The ESA is not the only law that applies to Ontario work environments. The guidelines under the ESA are minimum requirements. You may have greater rights under:

– an employment contract

– cumulative agreement

– the typical law

– other legislation

If you have concerns about your privileges, you may want to call a legal representative.

Time limits for filing an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you should sue within 2 years of the supposed ESA infraction. If you sue within the two-year limit a work requirements officer will investigate the claim.

Similarly, job if your employer owes you wages, the salaries must have been owed to you in the 2 years before your claim was filed for job the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim might be made when you believe your employer or a recruiter has actually violated your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are looking for work in Ontario through a migration or foreign temporary worker program. For instance, if you are working or trying to find operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.

Examples of EPFNA infractions consist of:

– an employer charging you any costs

– an employer charging you for hiring costs (with restricted exceptions).

– a recruiter or employer holding onto your property (such as a passport).

– an employer or employer penalizing you for inquiring about or exercising your EPFNA rights.

Foreign nationals utilized in Ontario also have rights under the ESA. For example, if you are not being paid all wages owed, you might have the ability to submit a claim under the ESA.

Time limitations for filing an EPFNA claim

Generally, job you need to submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, a work requirements officer can normally issue an order for cash owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides particular office defenses to kid performers who are under 18 years of age working in the live and documented show business.

It includes minimum rights with respect to hours of work, breaks and payment of travel costs.

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– employers.

Sections are implemented by the Health and Safety Program or the Employment Standards Program.

Learn more about the rights of child entertainers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace securities have actually not been provided to a child performer in Ontario. Suing is totally free.

To file a claim, you must be either:

– a kid performer under 18 years of age.

– the parent or guardian of a child entertainer under 18 years of age.

The kid performer need to not be covered by a cumulative agreement.

To sue:

Download the claim form from the types repository and save it to your computer system.

1. Open the type with Adobe Reader (download Adobe Reader for totally free).

2. Fill in the form with all the required details.

3. Select the “send by e-mail” button within the form to submit your claim.

Please just file your claim once.

After you sue:

– You will get an email confirmation that includes your claim number.

Ministry of Labour, Immigration, Training and Skills Development personnel will examine your claim as quickly as possible.

Time frame to submitting a PCPA claim

Generally, a PCPA claim should be submitted within 2 years of the alleged PCPA offense.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have taken court action versus your employer for the very same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and job Skills Development and choose to pursue your rights through the courts, you must withdraw your submitted claim within two weeks after it is filed.

This claim type is not intended for you if:

– you work in an industry that falls under federal jurisdiction.

– you want to file a problem about occupational health and safety.

– you wish to file a human rights complaint under the Human Rights Code.

– you wish to sue with the Workplace Safety and Insurance Board (WSIB).

What to anticipate after you submit a claim

Claims are investigated in the order that they are gotten. The amount of time it considers a claim to be assigned differs, depending upon several aspects, consisting of the amount of incoming claims. Anyone who sends an employment requirements claim gets a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been designated for investigation.

The claims examination can take numerous months. In many cases, a claim is assigned to an early resolution officer (ERO) for initial investigation. If the claim is not fixed by the ERO, the claim will then be assigned to a work requirements officer (ESO). The ESO finishes the investigation, supplies a written choice and takes enforcement action if necessary.

To prevent delays with processing your claim, please make sure all details is proper and supporting documents are filed. If you are sending a grievance, you should register for the claimant portal so you can visit to see where your complaint is in the procedure.