Filing A Claim

In Ontario, you might sue 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 referall.us Protecting Child Performers Act (PCPA) is being breached.

If you have actually lost your task, please check out Employment Ontario to discover how they can assist you get training, construct abilities or find a brand-new task.

Filing a claim

You can file a claim online for any concerns connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

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

File a PCPA claim

Watch the suing video to comprehend what to anticipate when filing a work standards declare

If you have actually currently begun a claim

If you have actually already begun or sued through the claimant portal, you can:

– indication in to continue your claim

– check the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have actually previously registered for the claimant website using a ONe-Key account, please select the sign-in/ develop account button and develop a My Ontario account using the exact same e-mail address that was utilized when you enrolled in the claimant website. 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 help, please call the Employment Standards Information Centre.

Sign-in/ create account

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

Internet 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 types

You can likewise file 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 working in Ontario are covered by the ESA. However, some staff members 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 might be made when you believe your company has broken your rights under the ESA.

Examples of ESA offenses include:

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

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

– Not offering a staff member with wage statements or other required documents.

For more details, visit 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 might have greater rights under:

– a work agreement

– collective contract

– the common law

– other legislation

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

Time limitations for submitting an ESA claim

There are time limitations that use to filing an ESA claim. Generally, you must submit a claim within two years of the supposed ESA offense. If you file a claim within the two-year limit an employment requirements officer will investigate the claim.

Similarly, if your employer owes you salaries, the incomes need to have been owed to you in the 2 years before your claim was applied for the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim may be made when you think your employer or a recruiter has broken 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 staff member program. For example, if you are working or searching for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.

Examples of EPFNA infractions include:

– an employer charging you any charges

– an employer charging you for hiring costs (with restricted exceptions).

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

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

Foreign nationals used in Ontario also have rights under the ESA. For example, if you are not being paid all earnings owed, you might have the ability to submit a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, an employment standards officer can generally provide an order for cash owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides particular workplace securities 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 costs.

The PCPA uses to:

– kid entertainers.

– their moms and dads.

– their guardians.

– employers.

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

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

Filing a PCPA claim

You can file a PCPA claim if you think workplace protections have not been supplied to a child performer in Ontario. Suing is free.

To file a claim, you must be either:

– a kid performer under 18 years of age.

– the parent or guardian of a child entertainer under 18 years of age.

The kid entertainer should not be covered by a cumulative contract.

To sue:

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

1. Open the kind with Adobe Reader (download Adobe Reader for complimentary).

2. Fill in the kind with all the required info.

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

Please just submit your claim once.

After you submit a claim:

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

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

Time frame to filing a PCPA claim

Generally, a PCPA claim need to be filed within two years of the alleged PCPA violation.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have actually taken court action versus your company for the 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 need to withdraw your submitted claim within two weeks after it is submitted.

This claim form is not meant for you if:

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

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

– you want to file 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 amount of time it considers a claim to be appointed varies, depending on a number of aspects, consisting of the amount of incoming claims. Anyone who sends a work standards declare gets a verification and is designated a claim number. You will be called by the ministry once the claim has actually been appointed for examination.

The claims investigation procedure can take several months. For the most part, a claim is appointed to an early resolution officer (ERO) for initial investigation. 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 investigation, supplies a written decision and takes enforcement action if needed.

To avoid delays with processing your claim, please guarantee all details is proper and supporting files are submitted. If you are submitting a grievance, you must register for the claimant portal so you can visit to see where your grievance remains in the procedure.