Filing A Claim

In Ontario, you may file 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 task, please go to Employment Ontario to learn how they can help you get training, construct skills or discover a new task.

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 likewise submit a claim online for issues relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to understand what to expect when filing an employment requirements declare

If you have already started a claim

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

– indication in to continue your claim

– check the status of your claim

– upload documents to your claim.

Creating a My account

If you have actually previously registered for the claimant website 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 used when you enrolled in the claimant website. If you do not use 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 get in touch with 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 use the website.

Internet internet browser requirements

To sue online using e-claim or to access the claimant website you ought to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

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 workers working in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and employment some employees who are covered by the ESA have special rules and/or exemptions that might use 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 staff member the correct rate of pay and/or public vacation pay, trip pay or other salaries they are entitled to under the ESA.

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

– Not providing a staff member with wage statements or other required files.

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

The ESA is not the only law that applies to Ontario workplaces. The guidelines under the ESA are minimum requirements. You might have higher rights under:

– an employment contract

– cumulative agreement

– the common law

– other legislation

If you have concerns about your privileges, you may wish to get in touch with an attorney.

Time frame for submitting an ESA claim

There are time limits that apply to submitting an ESA claim. Generally, you need to file a claim within 2 years of the supposed ESA infraction. If you sue within the two-year limit an employment requirements officer will examine the claim.

Similarly, if your company owes you incomes, the earnings need to have been owed to you in the two years before your claim was filed 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 employer or an employer has actually violated your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are looking for operate in Ontario through an immigration or foreign short-lived worker program. For instance, if you are working or searching 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 consist of:

– a recruiter charging you any charges

– 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 asking about or exercising your EPFNA rights.

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

Time frame for submitting an EPFNA claim

Generally, employment you need to file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, an employment requirements officer can typically issue 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) provides certain office protections to child performers who are under 18 years of age working in the live and employment documented home entertainment markets.

It includes minimum rights with regard to hours of work, breaks and payment of travel expenses.

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– companies.

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

Find out 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 defenses have not been offered to a child entertainer in Ontario. Suing is free.

To file a claim, you need to be either:

– a child entertainer under 18 years of age.

– the moms and dad or guardian of a kid performer under 18 years of age.

The child entertainer must not be covered by a collective arrangement.

To file a claim:

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

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

2. Fill in the type with all the needed information.

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

Please only file your claim as soon as.

After you submit a claim:

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

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

Time frame to filing a PCPA claim

Generally, a PCPA claim must 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 taken court action versus your employer for the exact 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, employment you need to withdraw your submitted claim within two weeks after it is filed.

This claim form is not meant for you if:

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

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

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

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

What to anticipate after you submit a claim

Claims are investigated in the order that they are received. The amount of time it takes for a claim to be designated differs, depending on several aspects, consisting of the quantity of inbound claims. Anyone who sends an employment standards claim receives a confirmation and is appointed a claim number. You will be contacted by the ministry once the claim has actually been designated for examination.

The claims investigation process can take a number of months. For the most part, a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO completes the investigation, offers a composed decision and takes enforcement action if necessary.

To avoid delays with processing your claim, please ensure all information is appropriate and supporting documents are submitted. If you are submitting a problem, you should register for the claimant website so you can visit to see where your grievance is in the procedure.