Filing A Claim

In Ontario, you may submit a claim with the Ministry of Labour, Immigration, Training and Skills Development if you think 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 visit Employment Ontario to learn how they can help you get training, construct abilities or find a brand-new job.

Filing a claim

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

File a claim

You can likewise submit a claim online for concerns connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to understand what to expect when submitting a work standards declare

If you have actually currently begun a claim

If you have currently begun or submitted a claim 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 previously signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ create account button and develop a My Ontario account utilizing the exact same e-mail address that was utilized when you registered in the claimant website. If you do not use the same email address, you will not be able to see any of your formerly sent claims. If you require help, please call the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet web browser requirements

To sue online utilizing e-claim or to access the claimant portal you should use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also submit an ESA or EPFNA claim using 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 claims

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 special guidelines and/or exemptions that may use to them.

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

Examples of ESA infractions include:

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

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

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

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 uses to Ontario workplaces. The rules under the ESA are minimum requirements. You may have greater rights under:

– a work contract

– cumulative agreement

– the common law

– other legislation

If you have concerns about your entitlements, you may want to call an attorney.

Time frame for submitting an ESA claim

There are time limitations that apply to filing an ESA claim. Generally, you should submit a claim within 2 years of the alleged ESA infraction. If you file a claim within the two-year limit a work standards officer will examine the claim.

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

Employment Protection for Foreign Nationals Act declares

A claim may be made when you think your employer or an employer 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-term employee program. For example, if you are working or searching for work 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 infractions consist of:

– an employer charging you any charges

– a company charging you for hiring expenses (with minimal exceptions).

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

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

Foreign nationals employed in Ontario also have rights under the ESA. For instance, if you are not being paid all wages owed, you may have the ability to file a claim under the ESA.

Time limitations 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 infraction. Similarly, employment a work requirements officer can usually provide an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers particular work environment defenses to kid entertainers who are under 18 years of age working in the live and taped entertainment markets.

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

The PCPA applies to:

– child entertainers.

– their moms and dads.

– their guardians.

– companies.

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

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

Filing a PCPA claim

You can submit a PCPA claim if you believe workplace securities have actually not been supplied to a kid performer in Ontario. Suing is complimentary.

To file a claim, employment you should be either:

– a kid entertainer under 18 years of age.

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

The child performer should not be covered by a cumulative contract.

To submit a claim:

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

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

2. Complete the type with all the required information.

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

Please just submit your claim as soon as.

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 need to be filed within 2 years of the alleged PCPA violation.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have taken court action versus your company for the exact same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you should withdraw your submitted claim within two weeks after it is submitted.

This claim kind is not planned for employment you if:

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

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

– you wish to submit a human rights complaint under the Human Rights Code.

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

What to expect after you sue

Claims are examined in the order that they are received. The quantity of time it takes for a claim to be appointed varies, depending on a number of factors, including the amount of inbound claims. Anyone who sends a work requirements claim receives a confirmation and is designated a claim number. You will be contacted by the ministry once the claim has been assigned for investigation.

The claims investigation process can take a number of months. In a lot of cases, a claim is designated to an early (ERO) for initial examination. If the claim is not resolved by the ERO, the claim will then be designated to a work standards officer (ESO). The ESO finishes the examination, offers a composed choice and takes enforcement action if necessary.

To prevent hold-ups with processing your claim, please make sure all details is correct and employment supporting documents are filed. If you are sending a problem, you need to sign up for the claimant portal so you can log in to see where your complaint is in the procedure.