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 breached.

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

Suing

You can submit a claim online for any issues associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

You can likewise sue online for concerns associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the submitting a claim video to comprehend what to anticipate when filing an employment standards declare

If you have currently started a claim

If you have already started or sued through the claimant website, you can:

– sign in to continue your claim

– inspect the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have previously signed up for the claimant website using a ONe-Key account, please choose the sign-in/ develop account button and develop a My Ontario account using the same email address that was used when you enrolled in the claimant website. If you do not use the exact same e-mail address, you will not be able to see any of your formerly submitted claims. If you require help, please get in touch with the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet web browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

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

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 employees operating in Ontario are covered by the ESA. However, some workers are not covered 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 may be made when you think your employer has broken your rights under the ESA.

Examples of ESA infractions consist of:

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

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

– Not supplying a worker with wage declarations or other needed files.

For employment more details, see 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 offices. The guidelines under the ESA are minimum requirements. You may have greater rights under:

– a work contract

– collective agreement

– the common law

– other legislation

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

Time limits for submitting an ESA claim

There are time limitations that apply to filing an ESA claim. Generally, you should submit a claim within 2 years of the alleged ESA infraction. If you file a claim within the two-year limitation an employment requirements officer will examine the claim.

Similarly, if your company owes you wages, the wages need to have been owed to you in the two years before your claim was filed for the earnings to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

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

The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through a migration 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 Worker Program, the EPFNA would likely apply to you.

Examples of EPFNA infractions consist of:

– an employer charging you any costs

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

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

– a recruiter or employer punishing you for asking about or exercising your EPFNA rights.

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

Time frame for filing an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, a work standards officer can usually provide an order for employment cash owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides certain work environment securities to child entertainers who are under 18 years of age working in the live and documented entertainment industries.

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

The PCPA uses to:

– kid performers.

– their parents.

– their guardians.

– companies.

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

Learn more about the rights of child performers under the PCPA and check out the Child Performers .

Filing a PCPA claim

You can file a PCPA claim if you think workplace protections have actually not been provided to a child entertainer in Ontario. Filing a claim is complimentary.

To submit a claim, you should be either:

– a kid performer under 18 years of age.

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

The child performer should not be covered by a collective contract.

To submit a claim:

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

1. Open the kind with Adobe Reader (download Adobe Reader free of charge).

2. Complete the form with all the needed info.

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

Please just file your claim when.

After you sue:

– You will get 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 frame to filing a PCPA claim

Generally, a PCPA claim need to be filed within 2 years of the supposed PCPA offense.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have taken court action versus your employer for the same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you need to withdraw your submitted claim within 2 weeks after it is submitted.

This claim form is not intended for you if:

– you work 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 grievance under the Human Rights Code.

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

What to expect after you sue

Claims are investigated in the order that they are received. The amount of time it takes for a claim to be appointed differs, depending on numerous factors, consisting of the quantity of incoming claims. Anyone who sends an employment requirements declare receives a confirmation and is appointed a claim number. You will be called by the ministry once the claim has been appointed for examination.

The claims examination process can take a number of months. In many cases, a claim is designated to an early resolution officer (ERO) for preliminary investigation. If the claim is not resolved by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO finishes the examination, offers a composed choice and takes enforcement action if needed.

To prevent hold-ups with processing your claim, please ensure all info is correct and supporting documents are filed. If you are submitting a problem, you need to register for the claimant website so you can visit to see where your grievance remains in the procedure.