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 have actually lost your job, please go to Employment Ontario to discover how they can help you get training, build abilities or find a new job.

Filing a claim

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

Sue

You can also file a claim online for problems associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the submitting a claim video to comprehend what to expect when submitting an employment requirements declare

If you have currently started a claim

If you have currently started or filed a claim through the claimant portal, you can:

- check in to continue your claim

- inspect the status of your claim

- upload documents to your claim.


Creating a My Ontario account

If you have actually formerly signed up for employment the claimant website using a ONe-Key account, please select the sign-in/ develop account button and produce a My Ontario account utilizing the very same email address that was utilized when you enrolled in the claimant portal. If you do not utilize the very same e-mail address, you will not have the ability to see any of your previously sent claims. If you need assistance, please contact the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet browser requirements

To file a claim online utilizing e-claim or to access the claimant website you should use:

- Chrome

- Firefox

- Microsoft Edge

- Safari


Other web browsers might work, but 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 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 declares

Most staff members working 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 unique 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 a staff member the appropriate rate of pay and/or public holiday pay, getaway pay or other wages 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 a worker for taking such a leave.

- Not supplying a staff member with wage statements or other required files.


To find out more, see 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 workplaces. The rules under the ESA are minimum requirements. You may have higher rights under:

- an employment agreement

- collective arrangement

- the typical law

- other legislation


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

Time limitations for employment filing an ESA claim

There are time limitations that use to filing an ESA claim. Generally, you should 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 incomes, the salaries must have been owed to you in the two years before your claim was applied for the salaries 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 breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through an immigration or foreign short-term worker program. For employment instance, if you are working or employment searching for work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker 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 working with expenses (with minimal exceptions).

- a recruiter or employer holding onto your residential or commercial property (such as a passport).

- a recruiter or employer punishing you for asking 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 might have the ability to sue under the ESA.

Time limits for filing an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work requirements officer can generally provide an order for employment money owed to you under the EPFNA in the three-and-a-half-year period before the date you filed 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 workplace securities to child 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 applies to:

- kid performers.

- their parents.

- their guardians.

- employers.


Sections are implemented by the Health and Safety 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 think workplace defenses have not been supplied to a kid entertainer in Ontario. Suing is totally free.

To file a claim, you must be either:

- a child entertainer under 18 years of age.

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


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

To submit a claim:

Download the claim type from the kinds repository and employment conserve it to your computer.

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

2. Fill out the form with all the needed info.

3. Select the "submit by email" button within the type to send your claim.


Please only file your claim when.

After you sue:

- You will receive an e-mail 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 filing a PCPA claim

Generally, a PCPA claim need to be submitted within 2 years of the alleged PCPA infraction.

When a claim can not be filed

Generally, a claim can not be submitted if:

- you have actually taken court action versus your company for the very same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you must withdraw your submitted claim within 2 weeks after it is filed.

This claim form is not meant for you if:

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

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

- you wish to submit a human rights problem under the Human Rights Code.

- you want 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 assigned differs, depending upon several elements, consisting of the quantity of incoming claims. Anyone who submits a work requirements claim gets a verification and is designated a claim number. You will be called by the ministry once the claim has actually been designated for investigation.

The claims investigation process can take a number of months. In most cases, a claim is appointed to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be appointed to an employment requirements officer (ESO). The ESO finishes the investigation, supplies a written choice and takes enforcement action if necessary.

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