Filing A Claim

In Ontario, you may sue 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 broken.

If you have actually lost your task, please see Employment Ontario to find out how they can help you get training, construct skills or find a new task.

Suing

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

File a PCPA claim

Watch the suing video to understand what to expect when filing a work standards declare

If you have actually currently started a claim

If you have already started or filed a claim through the claimant website, 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 previously signed up for the claimant portal using 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 enrolled in the claimant portal. If you do not utilize the same e-mail address, you will not be able to see any of your formerly submitted claims. If you require assistance, please get in touch with the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can likewise 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 employees operating in Ontario are covered by the ESA. However, employment some workers are not covered by the ESA and some workers who are covered by the ESA have unique guidelines and/or exemptions that might use to them.

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

Examples of ESA violations include:

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

– Not supplying an employee 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 needed documents.

For additional information, see Your Guide to the Employment Standards Act or the Guide to unique guidelines and exemptions.

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

– a work contract

– collective contract

– the common law

– other legislation

If you have questions about your entitlements, you might want to call an attorney.

Time limitations for submitting an ESA claim

There are time limits that use to submitting an ESA claim. Generally, you need to submit a claim within 2 years of the alleged ESA offense. If you file a claim within the two-year limit a work standards officer will investigate the claim.

Similarly, if your company owes you incomes, the earnings should have been owed to you in the 2 years before your claim was applied 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 employer or an employer has actually violated your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for work in Ontario through an immigration or foreign momentary staff member program. For instance, if you are working or looking 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 include:

– an employer charging you any fees

– a company charging you for hiring expenses (with restricted exceptions).

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

– an employer or company punishing you for asking about or exercising your EPFNA rights.

Foreign nationals used in Ontario also have rights under the ESA. For instance, if you are not being paid all earnings owed, you may have the ability to file a claim 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 alleged EPFNA violation. Similarly, an employment 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 submitted an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) supplies specific work environment protections to kid entertainers who are under 18 years of age working in the live and documented entertainment markets.

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

The PCPA applies to:

– kid entertainers.

– their parents.

– their guardians.

– companies.

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

Learn more about the rights of child entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you believe workplace securities have not been offered to a child performer in Ontario. Suing is free.

To submit a claim, you need to 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 performer need to not be covered by a cumulative contract.

To submit a claim:

Download the claim kind from the forms repository and conserve it to your computer.

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

2. Complete the kind with all the needed info.

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

Please just submit your claim once.

After you file a claim:

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

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

Time frame to submitting a PCPA claim

Generally, a PCPA claim must be submitted 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 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, you must withdraw your sent claim within two weeks after it is filed.

This claim kind is not planned for you if:

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

– you want to submit a problem about occupational health and safety.

– you want to submit 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 file a claim

Claims are examined in the order that they are received. The amount of time it takes for a claim to be appointed differs, depending upon a number of factors, including the amount of inbound claims. Anyone who submits an employment requirements claim gets a verification and employment is designated a claim number. You will be called by the ministry once the claim has been designated for investigation.

The claims investigation process can take numerous months. In the majority of cases, a claim is assigned to an early resolution officer (ERO) for initial examination. If the claim is not resolved by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO finishes the examination, supplies a composed decision and takes enforcement action if essential.

To avoid hold-ups with processing your claim, please ensure all details is appropriate and supporting documents are filed. If you are submitting a complaint, employment you should register for the claimant portal so you can visit to see where your complaint is in the procedure.