Filing A Claim

In Ontario, you might submit a claim with the 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 broken.

If you have actually lost your job, please go to Employment Ontario to find out how they can help you get training, build abilities or discover 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 also submit a claim online for concerns relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to expect when filing an employment standards claim

If you have actually currently started a claim

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

– sign in to continue your claim

– inspect the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have previously registered for employment the claimant website utilizing a ONe-Key account, please choose the sign-in/ create account button and produce a My Ontario account utilizing the same e-mail address that was utilized when you registered in the claimant website. If you do not utilize the exact same email address, you will not be able to see any of your formerly sent claims. If you require support, please get in touch with the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet browser requirements

To sue online using e-claim or to access the claimant portal you ought to 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 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, employment Training and Skills Development
70 Foster Drive, employment 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 employees are not covered by the ESA and some employees who are covered by the ESA have special guidelines and/or exemptions that might apply to them.

A claim may be made when you think your company has breached your rights under the ESA.

Examples of ESA offenses consist of:

– Failure to pay an employee the right rate of pay and/or public holiday pay, trip pay or other salaries they are entitled to under the ESA.

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

– Not supplying a worker with wage statements or other required documents.

To find out more, check out 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 work environments. The guidelines under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– cumulative contract

– the typical law

– other legislation

If you have concerns about your entitlements, you might wish to contact a lawyer.

Time frame for filing an ESA claim

There are time limitations that use to submitting an ESA claim. Generally, you must file a claim within 2 years of the alleged ESA infraction. If you submit a claim within the two-year limitation an employment standards officer will examine the claim.

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

Employment Protection for Foreign Nationals Act claims

A claim may be made when you believe your company or a recruiter has violated 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 instance, if you are working or trying to find 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 include:

– an employer charging you any charges

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

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

– a recruiter or company penalizing you for asking about or exercising your EPFNA rights.

Foreign nationals utilized in Ontario likewise have rights under the ESA. For instance, if you are not being paid all wages owed, you might be able to file a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work standards officer can generally issue 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies specific work environment defenses to kid entertainers who are under 18 years of age working in the live and recorded show business.

It includes minimum rights with respect 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.

Learn 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 actually not been supplied to a child entertainer in Ontario. Suing is free.

To sue, you need to be either:

– a kid entertainer under 18 years of age.

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

The kid entertainer must not be covered by a cumulative agreement.

To sue:

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

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

2. Complete the kind with all the required information.

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

Please only submit your claim when.

After you sue:

– 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 quickly as possible.

Time frame to submitting a PCPA claim

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

When a claim can not be submitted

Generally, employment a claim can not be filed if:

– you have taken court action against your company for the very same issue.Note: If you sue 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 2 weeks after it is filed.

This claim type is not meant for you if:

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

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

– you wish to file a human rights complaint 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 appointed differs, depending on a number of elements, including the quantity of incoming claims. Anyone who submits a work requirements declare gets a verification and is appointed a claim number. You will be contacted by the ministry once the claim has been assigned for investigation.

The claims examination procedure can take several months. In many cases, 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 assigned to a work standards officer (ESO). The ESO completes the investigation, offers a composed choice and takes enforcement action if essential.

To prevent delays with processing your claim, please make sure all info is correct and supporting documents are submitted. If you are submitting a grievance, you ought to register for the claimant website so you can visit to see where your problem remains in the procedure.