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1 Filing A Claim

In Ontario, you may 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 Protecting Child Performers Act (PCPA) is being violated.

If you have actually lost your task, please go to Employment Ontario to learn how they can assist you get training, develop skills or find a brand-new task.

Filing a claim

You can submit a claim 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 file a claim online for problems 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 currently started a claim

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

- indication 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 formerly signed up for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ develop account button and produce a My Ontario account using the exact same e-mail address that was used when you enrolled in the claimant website. If you do not utilize the same email address, you will not be able to see any of your formerly submitted claims. If you need help, please get in touch with the Employment Standards Information Centre.

Sign-in/ produce account

Watch the claimant portal video for a summary of the portal functions, consisting of how to sign-up and use the website.

Internet internet browser requirements

To file a claim online using e-claim or to access the claimant portal you should use:

- Chrome
- Firefox
- Microsoft Edge
- Safari
Other internet browsers may work, but they are not supported by the e-claim or claimant portal.

PDF claim forms

You can also 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, Training and Skills Development 70 Foster Drive, Suite 410 Roberta Bondar Place Sault Ste. Marie, Ontario P6A 6V4

Employment Standards Act declares

Most employees working in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some employees who are covered by the ESA have unique rules and/or exemptions that might use to them.

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

Examples of ESA infractions consist of:

- Failure to pay a staff member the correct rate of pay and/or public holiday pay, vacation pay or other earnings they are entitled to under the ESA.
- Not providing an employee with time off for an entitled leave of lack under the ESA or punishing a staff member for taking such a leave.
- Not offering an employee with wage statements or other needed documents.
To learn more, see Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.

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

- an employment agreement
- cumulative arrangement
- the typical law
- other legislation
If you have questions about your entitlements, you may want to contact an attorney.

Time frame for filing an ESA claim

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

Similarly, employment if your employer owes you incomes, the wages must have been owed to you in the two years before your claim was applied for the earnings to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim might be made when you believe your employer or a recruiter has breached your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are looking for operate in Ontario through a migration or foreign temporary staff member program. For instance, if you are working or looking for work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely apply to you.

Examples of EPFNA infractions consist of:

- a recruiter charging you any charges
- a company charging you for hiring costs (with limited exceptions).
- an employer or company holding onto your property (such as a passport).
- an employer or company penalizing you for inquiring about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario also have rights under the ESA. For example, if you are not being paid all incomes owed, employment you may have the ability to submit a claim under the ESA.

Time frame for filing an EPFNA claim

Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work standards officer can generally issue an order for money 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 declares

The Protecting Child Performers Act (PCPA) offers certain work environment protections to kid performers who are under 18 years of age working in the live and taped 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 moms and dads.
- their guardians.
- companies.
Sections are implemented by the Health and Safety Program or the Employment Standards Program.

Discover more about the rights of kid entertainers 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 actually not been supplied to a kid performer in Ontario. Filing a claim is complimentary.

To file a claim, you must be either:

- a kid performer under 18 years of age.
- the parent or guardian of a child performer under 18 years of age.
The child performer must not be covered by a cumulative agreement.

To submit a claim:

Download the claim form from the kinds repository and wait to your computer system.
1. Open the type with Adobe Reader (download Adobe Reader for complimentary).
2. Complete the form with all the required information.
3. Select the "send by email" button within the form to send your claim.
Please just file your claim once.

After you submit a claim:

- You will receive an e-mail confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will examine your claim as rapidly as possible.
Time restricts to submitting a PCPA claim

Generally, a PCPA claim need to be submitted within 2 years of the supposed PCPA offense.

When a claim can not be submitted

Generally, a claim can not be filed if:

- you have taken court action versus your employer 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 must withdraw your sent claim within two weeks after it is filed.

This claim type is not planned for you if:

- you work in an industry that falls under federal jurisdiction.
- you wish to file a problem about occupational health and wellness.
- you desire to submit a human rights grievance under the Human Rights Code.
- you wish to sue with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you sue

Claims are investigated in the order that they are received. The amount of time it considers a claim to be assigned varies, depending on several factors, including the quantity of inbound claims. Anyone who sends an employment standards declare gets a confirmation and is assigned a claim number. You will be contacted by the ministry once the claim has been assigned for investigation.

The claims examination process can take several months. In many 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 an employment standards officer (ESO). The ESO completes the examination, offers a composed decision and takes enforcement action if essential.

To prevent delays with processing your claim, please make sure all information is correct and supporting documents are filed. If you are submitting a complaint, you need to sign up for the claimant website so you can log in to see where your complaint is in the process.