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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 job, please see Employment Ontario to discover how they can help you get training, develop abilities or discover a brand-new job.

Filing a claim

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

File a claim

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

File a PCPA claim

Watch the submitting a claim video to understand what to anticipate when filing a work standards claim

If you have actually already begun a claim

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

– sign in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

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

Sign-in/ create account

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

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

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

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

Examples of ESA violations consist of:

– Failure to pay a worker the appropriate rate of pay and/or public vacation pay, trip pay or other incomes 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 an employee with wage declarations or other required files.

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

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

– an employment contract

– cumulative contract

– the common law

– other legislation

If you have concerns about your privileges, you might want to contact a legal representative.

Time limits for submitting an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you need to submit a claim within two years of the alleged ESA offense. If you submit a claim within the two-year limit an employment standards officer will examine the claim.

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

Employment Protection for Foreign Nationals Act claims

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

The EPFNA uses to foreign nationals who work or are looking for operate in Ontario through an immigration or employment 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 offenses include:

– a recruiter charging you any costs

– an employer charging you for employing expenses (with restricted exceptions).

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

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

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

Time frame for filing an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, an employment standards officer can generally issue an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) offers specific workplace defenses to child entertainers who are under 18 years of age working in the live and taped show business.

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

The PCPA applies to:

– child entertainers.

– their moms and dads.

– their guardians.

– companies.

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

Learn more about the rights of child performers 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 free.

To sue, you need to 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 performer need to not be covered by a cumulative contract.

To file a claim:

Download the claim type from the types repository and conserve it to your computer system.

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

2. Fill in the kind with all the needed details.

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

Please just file your claim when.

After you sue:

– You will receive an e-mail confirmation that includes your claim number.

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

Time restricts to submitting a PCPA claim

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

When a claim can not be submitted

Generally, employment a claim can not be filed if:

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

This claim kind is not intended for you if:

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

– you desire to submit a complaint about occupational health and security.

– 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 expect after you sue

Claims are in the order that they are received. The amount of time it considers a claim to be designated differs, depending on several aspects, including the amount of incoming claims. Anyone who sends an employment requirements declare gets a verification and is assigned a claim number. You will be called by the ministry once the claim has actually been appointed for examination.

The claims investigation procedure can take several months. Most of the times, a claim is assigned 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 an employment requirements officer (ESO). The ESO finishes the investigation, supplies a composed decision and takes enforcement action if essential.

To avoid delays with processing your claim, please make sure all info is right and supporting files are submitted. If you are sending a complaint, you must sign up for the claimant website so you can visit to see where your complaint remains in the process.