Filing A Claim

In Ontario, you might sue with the Ministry of Labour, Immigration, Training and Skills Development if you think the Employment Standards Act (ESA), Employment Protection for employment 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, develop abilities or find a brand-new job.

Filing a claim

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

File a claim

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

File a PCPA claim

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

If you have currently started a claim

If you have actually already begun or submitted a claim through the claimant website, you can:

– sign in to continue your claim

– check the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have previously registered for the claimant portal utilizing a ONe-Key account, employment please choose the sign-in/ create account button and produce a My Ontario account using the same email address that was utilized when you registered in the claimant website. If you do not utilize the very same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you require assistance, please call the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet web browser requirements

To sue online using e-claim or to access the claimant website 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 website.

PDF claim types

You can likewise file an ESA or 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 claims

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

A claim may be made when you believe your company has actually broken your rights under the ESA.

Examples of ESA infractions consist of:

– 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 providing an employee 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 declarations or other needed documents.

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

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

– a work agreement

– cumulative contract

– the typical law

– other legislation

If you have concerns about your entitlements, you may want to contact a lawyer.

Time limitations for submitting an ESA claim

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

Similarly, if your employer owes you salaries, the wages must have been owed to you in the two years before your claim was applied for the incomes to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

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

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through a migration or foreign short-lived staff member program. For instance, 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:

– an employer charging you any costs

– a company charging you for working with expenses (with restricted exceptions).

– an employer or employment company holding onto your home (such as a passport).

– a recruiter or employer penalizing you for inquiring 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 have the ability to sue under the ESA.

Time limitations for submitting an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, an employment standards officer can usually provide 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides particular office protections to kid performers who are under 18 years of age working in the live and documented home entertainment industries.

It includes minimum rights with regard 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 implemented by the Health and wellness Program or the Employment Standards Program.

Discover more about the rights of kid performers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

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

To sue, you should be either:

– a kid entertainer under 18 years of age.

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

The child performer need to not be covered by a collective contract.

To submit a claim:

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

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

2. Complete the kind with all the needed information.

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

Please just file your claim when.

After you submit a claim:

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

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

Time limits to submitting a PCPA claim

Generally, a PCPA claim should be submitted within 2 years of the supposed PCPA violation.

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 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 must withdraw your sent claim within two weeks after it is submitted.

This claim type is not planned for you if:

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

– you wish to file a problem about occupational health and .

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

– you wish 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 amount of time it takes for a claim to be appointed varies, depending on a number of factors, including the quantity of incoming 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 actually been appointed for investigation.

The claims examination process can take several months. In many cases, employment a claim is appointed to an early resolution officer (ERO) for employment initial examination. If the claim is not fixed by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO completes the examination, provides a composed choice and takes enforcement action if essential.

To avoid delays with processing your claim, please make sure all information is proper and supporting files are filed. If you are sending a problem, you ought to sign up for employment the claimant website so you can log in to see where your grievance remains in the procedure.