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 have actually lost your job, please see Employment Ontario to learn how they can assist you get training, develop skills or find 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 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 expect when submitting an employment standards claim

If you have currently started a claim

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

– check 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 registered for the claimant website using a ONe-Key account, employment please choose the sign-in/ create account button and create a My Ontario account using the exact same email address that was utilized when you enrolled in the claimant website. If you do not utilize the exact same e-mail address, you will not be able to see any of your previously sent claims. If you require assistance, please get in touch with the Employment Standards Information Centre.

Sign-in/ create account

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

Internet web browser requirements

To submit a claim online using e-claim or to access the claimant website you need to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can likewise submit an ESA or employment 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 employees operating in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some employees who are covered by the ESA have special rules and/or exemptions that may use to them.

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

Examples of ESA infractions consist of:

– Failure to pay a worker the appropriate rate of pay and/or public vacation pay, trip pay or other earnings they are entitled to under the ESA.

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

– Not supplying a staff member with wage declarations or other required files.

For more information, go to Your Guide to the Employment Standards Act or the Guide to special guidelines and employment exemptions.

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

– an employment agreement

– collective arrangement

– the common law

– other legislation

If you have questions about your entitlements, you might want to get in touch with a legal representative.

Time limits for filing an ESA claim

There are time frame that use to submitting an ESA claim. Generally, you must sue within 2 years of the supposed ESA offense. If you submit a claim within the two-year limitation a work requirements officer will examine the claim.

Similarly, if your employer owes you earnings, the wages 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 declares

A claim might be made when you think your employer or a recruiter has actually violated 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 momentary worker program. For instance, if you are working or looking for work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely apply to you.

Examples of EPFNA offenses consist of:

– an employer charging you any costs

– a company charging you for employing costs (with limited 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 used in also have rights under the ESA. For example, if you are not being paid all earnings owed, you may have the ability to submit a claim under the ESA.

Time limitations for filing an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, an employment standards officer can typically issue an order for cash 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 claims

The Protecting Child Performers Act (PCPA) supplies specific office 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 expenses.

The PCPA applies to:

– child entertainers.

– their moms and dads.

– their guardians.

– employers.

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

Learn 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 think workplace securities have actually not been offered to a kid entertainer in Ontario. Suing is complimentary.

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 kid entertainer should not be covered by a cumulative contract.

To submit a claim:

Download the claim kind from the kinds repository and save it to your computer.

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

2. Fill in the form with all the required information.

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

Please only file your claim once.

After you file a claim:

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

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

Time frame to submitting a PCPA claim

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

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have actually taken court action against 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, you need to withdraw your sent claim within 2 weeks after it is submitted.

This claim type is not planned for you if:

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

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

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

– you desire to sue with the Workplace Safety and Insurance Board (WSIB).

What to expect after you sue

Claims are examined in the order that they are gotten. The quantity of time it takes for a claim to be designated differs, depending upon numerous aspects, consisting of the quantity of incoming claims. Anyone who submits an employment standards claim gets a verification and is designated a claim number. You will be called by the ministry once the claim has actually been assigned for examination.

The claims investigation procedure can take numerous months. In most cases, a claim is designated to an early resolution officer (ERO) for preliminary examination. If the claim is not dealt with by the ERO, the claim will then be appointed to a work requirements officer (ESO). The ESO finishes the examination, provides a written decision and takes enforcement action if required.

To prevent hold-ups with processing your claim, please guarantee all details is proper and supporting documents are filed. If you are submitting a problem, you need to sign up for the claimant portal so you can visit to see where your problem is in the process.