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 broken.

If you have actually lost your job, please see Employment Ontario to learn how they can assist you get training, develop abilities or find a brand-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 concerns connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

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

If you have actually currently started a claim

If you have actually currently started or submitted a claim through the claimant portal, 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 previously signed up for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ produce account button and produce a My Ontario account utilizing the very same e-mail address that was used when you enrolled in the claimant website. If you do not utilize the exact same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you need support, please call the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can also submit an ESA or EPFNA claim using 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 staff members working in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or exemptions that might apply to them.

A claim may be made when you think your employer has breached your rights under the ESA.

Examples of ESA violations consist of:

– Failure to pay an employee the correct rate of pay and/or public holiday pay, holiday pay or other salaries 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 an employee for taking such a leave.

– Not offering an employee with wage declarations or other needed files.

For more details, check out 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 rules under the ESA are minimum requirements. You may have greater rights under:

– an employment agreement

– cumulative arrangement

– the typical law

– other legislation

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

Time limitations for filing an ESA claim

There are time limits that use to submitting an ESA claim. Generally, you must submit a claim within 2 years of the supposed ESA infraction. If you file a claim within the two-year limitation a work standards officer will investigate the claim.

Similarly, if your employer owes you salaries, the incomes must have been owed to you in the two years before your claim was filed 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 actually violated 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 worker 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 violations include:

– a recruiter charging you any fees

– a company charging you for hiring costs (with limited exceptions).

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

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

Foreign nationals used in Ontario also have rights under the ESA. For example, if you are not being paid all earnings owed, you might have the ability to sue under the ESA.

Time limits for filing an EPFNA claim

Generally, you need to 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 money owed to you under the EPFNA in the three-and-a-half-year duration before the date you submitted an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies particular work environment securities to kid performers 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:

– child performers.

– their moms and dads.

– their guardians.

– companies.

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

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

Filing a PCPA claim

You can submit a PCPA claim if you think workplace defenses have actually not been supplied to a kid performer in Ontario. Suing is totally free.

To sue, you should 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 child performer must not be covered by a collective arrangement.

To sue:

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

1. Open the form with Adobe Reader (download Adobe Reader for referall.us totally free).

2. Fill out the kind with all the required details.

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

Please just submit your claim once.

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 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 infraction.

When a claim can not be submitted

Generally, a claim can not be filed if:

– you have actually taken court action versus your employer for the very 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 should withdraw your sent claim within two weeks after it is filed.

This claim form is not intended for you if:

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

– you wish to submit a problem about occupational health and wellness.

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

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

What to expect after you file a claim

Claims are examined in the order that they are received. The amount of time it takes for a claim to be designated varies, depending on numerous elements, consisting of the quantity of inbound claims. Anyone who sends a work standards claim gets a confirmation and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for examination.

The claims examination process can take a number of months. In many cases, a claim is appointed 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 officer (ESO). The ESO finishes the investigation, offers a composed choice and takes enforcement action if necessary.

To prevent hold-ups with processing your claim, please make sure all info is proper and supporting documents are filed. If you are sending a complaint, you must sign up for the claimant website so you can visit to see where your problem is in the procedure.