Suing

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

If you have actually lost your task, please see Employment Ontario to discover how they can assist you get training, develop abilities or find a new job.

Filing a claim

You can sue online for any concerns associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

You can also file a claim online for employment concerns connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the submitting a claim video to comprehend what to anticipate when filing a work requirements claim

If you have currently begun a claim

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

– sign in to continue your claim

– check the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have actually previously signed up for the claimant portal utilizing a ONe-Key account, please select the sign-in/ develop account button and produce a My Ontario account utilizing the very same e-mail address that was utilized when you enrolled in the claimant website. If you do not utilize the exact same email address, you will not have the ability to see any of your previously sent claims. If you need help, please call the Employment Standards Information Centre.

Sign-in/ create account

Watch the claimant portal video for a summary of the portal functions, consisting of how to sign-up and utilize the portal.

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can also submit an ESA or employment EPFNA claim utilizing the PDF claim form.

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 workers operating in Ontario are covered by the ESA. However, employment 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 may use to them.

A claim might be made when you believe your employer has actually breached your rights under the ESA.

Examples of ESA offenses consist of:

– Failure to pay an employee the appropriate rate of pay and/or public vacation pay, holiday pay or other wages they are entitled to under the ESA.

– Not offering an employee with time off for an entitled leave of absence under the ESA or punishing a worker for taking such a leave.

– Not offering a staff member with wage declarations or other required files.

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

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

– a work agreement

– cumulative arrangement

– the common law

– other legislation

If you have concerns about your entitlements, you may want to contact an attorney.

Time frame for filing an ESA claim

There are time limitations that apply to filing an ESA claim. Generally, you should submit a claim within two years of the alleged ESA violation. If you file a claim within the two-year limitation an employment requirements officer will examine the claim.

Similarly, if your company owes you salaries, the incomes must have been owed to you in the 2 years before your claim was declared the wages to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim might be made when you think your employer or an employer has actually broken your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking work in Ontario through an immigration or foreign momentary employee program. For example, if you are working or looking for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely use to you.

Examples of EPFNA offenses consist of:

– a recruiter charging you any costs

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

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

– a recruiter or company penalizing you for asking about or exercising your EPFNA rights.

Foreign nationals employed in Ontario likewise have rights under the ESA. For example, if you are not being paid all wages owed, you might be able to submit a claim under the ESA.

Time frame for filing an EPFNA claim

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

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies specific work environment protections to child performers who are under 18 years of age working in the live and taped entertainment industries.

It consists of minimum rights with respect to hours of work, breaks and payment of travel expenses.

The PCPA uses to:

– child entertainers.

– their parents.

– their guardians.

– employers.

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

Learn more about the rights of kid entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you think workplace securities have actually not been offered to a child performer in Ontario. Suing is complimentary.

To file a claim, you must be either:

– a child performer under 18 years of age.

– the moms and dad or guardian of a child performer under 18 years of age.

The kid entertainer must not be covered by a collective agreement.

To sue:

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

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

2. Fill out the form with all the required information.

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

Please just submit your claim as soon as.

After you sue:

– 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 rapidly as possible.

Time frame to filing a PCPA claim

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

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have actually taken court action versus your employer for employment the exact same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you should withdraw your sent claim within 2 weeks after it is submitted.

This claim kind is not meant for you if:

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

– you wish to submit a complaint about occupational health and safety.

– you desire to file a human rights problem under the Human Rights Code.

– you desire to file a claim with the Workplace Safety and Insurance Board (WSIB).

What to expect after you submit a claim

Claims are examined in the order that they are received. The quantity of time it takes for a claim to be designated differs, depending upon a number of elements, consisting of the quantity of inbound claims. Anyone who submits an employment requirements declare receives a verification 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 process can take several months. In a lot of cases, a claim is designated to an early resolution officer (ERO) for initial examination. If the claim is not solved by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO finishes the investigation, offers a written choice and takes enforcement action if needed.

To prevent delays with processing your claim, please guarantee all info is appropriate and supporting documents are filed. If you are sending a grievance, you ought to register for the claimant website so you can visit to see where your complaint remains in the process.