Filing A Claim

In Ontario, you may sue with the Ministry of Labour, Immigration, Training and Skills Development if you think 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 check out Employment Ontario to learn how they can help you get training, develop abilities or find a new job.

Suing

You can file a claim online for employment any concerns connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

You can also sue online for problems connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the submitting a claim video to understand what to anticipate when submitting an employment requirements declare

If you have actually already started a claim

If you have already started or filed a claim through the claimant website, you can:

– check in to continue your claim

– inspect the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have formerly signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ create account button and develop a My Ontario account using the same e-mail address that was used when you enrolled in the claimant portal. If you do not use the same e-mail address, employment you will not have the ability to see any of your formerly submitted claims. If you need support, please call the Employment Standards Information Centre.

Sign-in/ create account

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

Internet browser requirements

To sue online using e-claim or to access the claimant portal you must use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also file an ESA or EPFNA claim using 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 claims

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

A claim might be made when you believe your company has violated your rights under the ESA.

Examples of ESA offenses consist of:

– Failure to pay a worker the appropriate rate of pay and/or public vacation pay, holiday pay or other incomes they are entitled to under the ESA.

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

– Not providing an employee with wage statements or other needed documents.

For additional information, go to Your Guide to the Employment Standards Act or the Guide to unique guidelines and exemptions.

The ESA is not the only law that uses to Ontario workplaces. The rules under the ESA are minimum requirements. You might have higher rights under:

– an employment contract

– cumulative agreement

– the typical law

– other legislation

If you have concerns about your entitlements, you might wish to contact a legal representative.

Time frame for filing an ESA claim

There are time limits that use to submitting 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 standards officer will examine the claim.

Similarly, if your employer owes you incomes, the incomes should have been owed to you in the 2 years before your claim was submitted for the earnings to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim may be made when you believe your employer or employment an employer has actually broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through an immigration or employment foreign short-term staff member program. For example, 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 violations include:

– a recruiter charging you any costs

– an employer charging you for working with costs (with minimal exceptions).

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

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

Foreign nationals used in Ontario also have rights under the ESA. For example, if you are not being paid all salaries owed, you may be able to file a claim under the ESA.

Time limits for filing an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work requirements officer can normally issue an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you submitted an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

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

It consists of minimum rights with regard to hours of work, breaks and payment of travel costs.

The PCPA applies to:

– child entertainers.

– their parents.

– their guardians.

– companies.

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

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

Filing a PCPA claim

You can file a PCPA claim if you believe workplace securities have not been offered to a kid entertainer in Ontario. Suing is free.

To sue, you need to be either:

– a child entertainer under 18 years of age.

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

The child entertainer need to not be covered by a cumulative agreement.

To file a claim:

Download the claim kind from the kinds repository and save it to your computer system.

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

2. Fill in the type with all the needed info.

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

Please just submit your claim once.

After you file a claim:

– You will receive an email verification that includes your claim number.

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

Time restricts to submitting a PCPA claim

Generally, a PCPA claim need to be submitted within two years of the supposed PCPA infraction.

When a claim can not be submitted

Generally, a claim can not be submitted if:

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

This claim form is not planned for you if:

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

– you wish to file a complaint about occupational health and wellness.

– you want to submit a human rights problem under the Human Rights Code.

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

What to expect after you file a claim

Claims are investigated in the order that they are received. The quantity of time it considers a claim to be appointed differs, depending upon a number of elements, employment consisting of the amount of inbound claims. Anyone who submits a work standards declare gets a confirmation and is assigned a claim number. You will be called by the ministry once the claim has been assigned for examination.

The claims investigation process can take a number of months. In many cases, a claim is designated to an early resolution officer (ERO) for initial investigation. If the claim is not solved 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 needed.

To avoid delays with processing your claim, please guarantee all information is proper and supporting files are filed. If you are submitting a grievance, you must register for the claimant portal so you can visit to see where your problem remains in the procedure.