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’ve lost your task, please see Employment Ontario to learn how they can assist you get training, develop abilities or find a new task.

Filing a claim

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

Sue

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

File a PCPA claim

Watch the suing video to understand what to expect when submitting an employment standards claim

If you have actually currently started a claim

If you have actually currently begun or submitted a claim through the claimant portal, you can:

– indication in to continue your claim

– examine 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 website utilizing a ONe-Key account, please select the sign-in/ create account button and produce a My Ontario account utilizing the very same email address that was utilized when you enrolled in the claimant website. If you do not utilize the exact same email address, 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/ 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 browser requirements

To sue online utilizing e-claim or to access the claimant website you need to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can likewise file 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 declares

Most workers working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or exemptions that might use to them.

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

Examples of ESA offenses include:

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

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

– Not offering an employee with wage statements or other required documents.

For more details, see Your Guide to the Employment Standards Act or the Guide to unique rules and exemptions.

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

– an employment agreement

– cumulative arrangement

– the typical law

– other legislation

If you have concerns about your privileges, employment you may want to get in touch with a legal representative.

Time frame for filing an ESA claim

There are time limitations that use to submitting an ESA claim. Generally, you should sue within 2 years of the alleged ESA infraction. If you sue within the two-year limit a work requirements officer will investigate the claim.

Similarly, if your company owes you wages, the wages should have been owed to you in the two years before your claim was submitted for the salaries 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 broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for work in Ontario through an immigration or foreign short-lived worker program. For instance, if you are working or searching for work 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:

– an employer charging you any charges

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

– a recruiter or company 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 utilized in Ontario also have rights under the ESA. For example, if you are not being paid all wages owed, you may have the ability to submit a claim under the ESA.

Time limits for submitting an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, an employment standards officer can normally release an order for money owed to you under the EPFNA in the three-and-a-half-year period 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) supplies specific work environment defenses to kid entertainers who are under 18 years of age working in the live and recorded show business.

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

The PCPA uses to:

– kid performers.

– their moms and dads.

– their guardians.

– employers.

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

Discover more about the rights of child performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

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

To sue, you must be either:

– a child entertainer under 18 years of age.

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

The kid performer should not be covered by a cumulative arrangement.

To sue:

Download the claim form from the forms repository and conserve it to your computer system.

1. Open the form with Adobe Reader ( Reader for complimentary).

2. Complete the kind with all the needed information.

3. Select the “submit by email” button within the form to submit your claim.

Please just submit 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 personnel will investigate your claim as rapidly as possible.

Time limits to filing a PCPA claim

Generally, a PCPA claim must be submitted within 2 years of the supposed PCPA offense.

When a claim can not be submitted

Generally, a claim can not be filed if:

– you have taken court action versus your company for the very 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, employment you must withdraw your submitted claim within 2 weeks after it is filed.

This claim type is not intended for you if:

– you work in a market that falls under federal jurisdiction.

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

– you wish to submit 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 received. The quantity of time it considers a claim to be assigned varies, depending upon numerous elements, employment including the amount of inbound claims. Anyone who sends a work standards declare gets a verification and is designated a claim number. You will be gotten in touch with by the ministry once the claim has been designated 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 preliminary examination. If the claim is not solved by the ERO, the claim will then be appointed to a work requirements officer (ESO). The ESO finishes the examination, offers a composed choice and takes enforcement action if essential.

To avoid delays with processing your claim, please ensure all information is correct and supporting files are submitted. If you are submitting a complaint, you must sign up for the claimant portal so you can visit to see where your complaint is in the procedure.