Filing A Claim

In Ontario, you may 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 breached.

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

Filing a claim

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

File a claim

You can likewise sue online for issues 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 claim

If you have already started a claim

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

– check in to continue your claim

– inspect the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have actually previously registered for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ develop account button and create a My Ontario account using the very same email address that was utilized when you enrolled in the claimant portal. If you do not use the exact same e-mail address, you will not be able to see any of your previously submitted claims. If you need support, 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, consisting of how to sign-up and use the website.

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other web browsers might work, but they are not supported by the e-claim or claimant website.

PDF claim kinds

You can likewise file an ESA or EPFNA claim utilizing the PDF claim kind.

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, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act declares

Most workers operating 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 guidelines and/or exemptions that might apply to them.

A claim might be made when you believe your company has actually breached your rights under the ESA.

Examples of ESA offenses include:

– Failure to pay a worker the correct rate of pay and/or public holiday pay, trip pay or other salaries they are entitled to under the ESA.

– Not offering a worker with time off for an entitled leave of lack under the ESA or penalizing an employee for taking such a leave.

– Not offering a staff member with wage declarations or other needed files.

For additional information, visit Your Guide to the Employment Standards Act or the Guide to unique rules and employment exemptions.

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

– a work contract

– cumulative arrangement

– the common law

– other legislation

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

Time limitations for filing an ESA claim

There are time limits that use to filing an ESA claim. Generally, you must file a claim within two years of the alleged ESA infraction. If you submit a claim within the two-year limit a work standards officer will examine the claim.

Similarly, if your employer owes you salaries, the earnings must have been owed to you in the two 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 think your company or an employer has actually breached your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking work in Ontario through a migration or foreign temporary staff member 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 violations include:

– a recruiter charging you any fees

– an employer charging you for working with expenses (with restricted exceptions).

– an employer or company holding onto your residential or commercial property (such as a passport).

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

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

Time frame for filing an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, a work standards officer can generally release an order for employment money owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides particular workplace protections to child entertainers who are under 18 years of age working in the live and taped entertainment markets.

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

The PCPA uses to:

– child entertainers.

– their moms and dads.

– 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 entertainers under the PCPA and read the Child Performers .

Filing a PCPA claim

You can file a PCPA claim if you believe workplace defenses have actually not been supplied to a kid entertainer in Ontario. Suing is free.

To file a claim, you should be either:

– a child performer under 18 years of age.

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

The kid performer need to not be covered by a collective agreement.

To file a claim:

Download the claim type from the forms repository and save it to your computer system.

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

2. Complete the form with all the required info.

3. Select the « send by email » button within the form to submit your claim.

Please only file your claim once.

After you submit a claim:

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

Ministry of Labour, employment Immigration, Training and Skills Development personnel 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 supposed PCPA infraction.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have actually 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 must withdraw your submitted claim within 2 weeks after it is submitted.

This claim form is not planned for you if:

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

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

– you want to file a human rights problem under the Human Rights Code.

– you want 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 quantity of time it considers a claim to be appointed varies, depending upon several aspects, including the amount of incoming claims. Anyone who sends a work requirements claim gets a verification and is designated a claim number. You will be gotten in touch with by the ministry once the claim has been designated for examination.

The claims examination procedure can take a number of months. Most of the times, employment a claim is designated to an early resolution officer (ERO) for initial investigation. If the claim is not resolved by the ERO, the claim will then be assigned to an employment standards officer (ESO). The ESO completes the investigation, supplies a composed decision and takes enforcement action if necessary.

To prevent delays with processing your claim, please ensure all details is right and supporting documents are submitted. If you are sending a problem, you should register for the claimant portal so you can visit to see where your grievance remains in the procedure.