Filing A Claim

In Ontario, you might submit a claim 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’ve lost your job, please go to Employment Ontario to find out how they can assist you get training, build skills or discover a new task.

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 sue online for concerns connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

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

If you have actually currently begun a claim

If you have actually currently begun or submitted a claim through the claimant portal, you can:

– check in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have formerly signed up for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ develop account button and create a My Ontario account using the same email address that was utilized when you enrolled in the claimant website. If you do not utilize the exact same email address, you will not have the ability to see any of your previously submitted claims. If you require support, please get in touch with the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for an overview of the portal features, including how to sign-up and use the website.

Internet web browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

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, employment 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 employment some employees who are covered by the ESA have special guidelines and/or exemptions that may apply to them.

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

Examples of ESA infractions include:

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

– Not supplying a worker with time off for an entitled leave of lack under the ESA or punishing an employee for taking such a leave.

– Not offering a worker with wage declarations or other required documents.

For more details, go to Your Guide to the Employment Standards Act or the Guide to unique guidelines and exemptions.

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

– an employment agreement

– collective agreement

– the common law

– other legislation

If you have concerns about your entitlements, you may wish to get in touch with a legal representative.

Time frame for submitting an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you must file a claim within two years of the supposed ESA infraction. If you submit a claim within the two-year limitation an employment requirements officer will examine the claim.

Similarly, if your employer owes you earnings, the wages should have been owed to you in the 2 years before your claim was submitted for the earnings to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim may be made when you think your company or a recruiter has actually 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 momentary employee program. For instance, 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 apply to you.

Examples of EPFNA infractions consist of:

– an employer charging you any charges

– an employer charging you for working with expenses (with limited exceptions).

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

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

Foreign nationals utilized in Ontario also have rights under the ESA. For instance, if you are not being paid all salaries owed, you may have the ability to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, an employment standards officer can normally issue an order for money owed to you under the EPFNA in the three-and-a-half-year period 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 performers who are under 18 years of age working in the live and recorded show business.

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

The PCPA uses to:

– child entertainers.

– their moms and dads.

– their guardians.

– employers.

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

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

Filing a PCPA claim

You can file a PCPA claim if you believe workplace securities have actually not been provided to a child performer in Ontario. Filing a claim is totally free.

To sue, you must be either:

– a child entertainer under 18 years of age.

– the moms and dad or guardian of a child entertainer under 18 years of age.

The child entertainer should not be covered by a collective contract.

To submit a claim:

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

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

2. Fill in the form with all the needed .

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

Please only file your claim as soon as.

After you sue:

– You will get an e-mail verification that includes your claim number.

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

Time restricts to filing a PCPA claim

Generally, employment a PCPA claim should be filed within 2 years of the supposed PCPA infraction.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have actually taken court action versus your employer for the 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, employment you need to withdraw your sent claim within 2 weeks after it is submitted.

This claim form is not meant for you if:

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

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

– you wish to file 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 gotten. The amount of time it takes for a claim to be designated varies, depending on several elements, including the quantity of incoming claims. Anyone who submits a work standards declare receives a verification and is appointed a claim number. You will be contacted by the ministry once the claim has been assigned for examination.

The claims examination procedure can take numerous months. For the most part, a claim is appointed to an early resolution officer (ERO) for initial examination. If the claim is not dealt with by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO completes the examination, supplies a composed choice and takes enforcement action if essential.

To prevent hold-ups with processing your claim, employment please guarantee all details is correct and supporting files are submitted. If you are submitting a complaint, you must sign up for the claimant portal so you can log in to see where your complaint remains in the process.