Filing A Claim

In Ontario, you may file a claim with the Ministry of Labour, Immigration, Training and Skills Development if you think the Employment Standards Act (ESA), employment Employment Protection for employment Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being violated.

If you’ve lost your task, please visit Employment Ontario to find out how they can assist you get training, build skills or employment discover a brand-new task.

Filing a claim

You can submit a claim online for any problems relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

You can likewise sue online for concerns connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to understand what to anticipate when filing a work standards claim

If you have actually currently begun a claim

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

– indication in to continue your claim

– inspect the status of your claim

– upload to your claim.

Creating a My Ontario account

If you have formerly registered 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 very same email address that was utilized when you enrolled in the claimant website. If you do not utilize the exact same email address, you will not have the ability to see any of your previously submitted claims. If you need support, please call the Employment Standards Information Centre.

Sign-in/ create account

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

Internet browser requirements

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

– 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 likewise submit 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 employees are not covered by the ESA and some employees who are covered by the ESA have special guidelines and/or exemptions that may apply to them.

A claim might be made when you think your company 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, trip pay or other earnings 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 a staff member for taking such a leave.

– Not supplying a staff member with wage statements or other needed files.

For more details, visit Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.

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

– an employment agreement

– cumulative contract

– the common law

– other legislation

If you have concerns about your privileges, you may wish to call a legal representative.

Time frame for filing an ESA claim

There are time limits that use to filing an ESA claim. Generally, you must file a claim within 2 years of the supposed ESA offense. If you file a claim within the two-year limit an employment standards officer will investigate the claim.

Similarly, employment if your company owes you salaries, the incomes should have been owed to you in the 2 years before your claim was declared the incomes to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim may be made when you think your company or an employer has actually broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking work in Ontario through a migration or foreign short-lived employee program. For instance, if you are working or searching for 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 infractions include:

– an employer charging you any costs

– a company charging you for working with expenses (with limited exceptions).

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

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

Foreign nationals utilized in Ontario likewise have rights under the ESA. For example, if you are not being paid all incomes owed, you may be able to sue under the ESA.

Time limits for submitting an EPFNA claim

Generally, you should file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, an employment standards officer can usually provide an order for money 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) offers specific workplace securities to child performers who are under 18 years of age working in the live and taped entertainment industries.

It consists of minimum rights with regard to hours of work, breaks and payment of travel expenses.

The PCPA uses to:

– child performers.

– their parents.

– their guardians.

– employers.

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

Find out more about the rights of kid entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

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

To sue, you must be either:

– a child performer under 18 years of age.

– the moms and dad or guardian of a kid entertainer under 18 years of age.

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

To submit a claim:

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

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

2. Fill out the type with all the required information.

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

Please only submit your claim as soon as.

After you sue:

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

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

Time frame to filing a PCPA claim

Generally, a PCPA claim must be submitted within two years of the alleged PCPA offense.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have actually taken court action against your company for the very 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 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 desire to submit a problem about occupational health and safety.

– you desire to file a human rights complaint under the Human Rights Code.

– you wish to sue with the Workplace Safety and Insurance Board (WSIB).

What to expect after you submit a claim

Claims are examined in the order that they are gotten. The quantity of time it takes for a claim to be appointed varies, depending upon numerous factors, consisting of the quantity of inbound claims. Anyone who submits a work requirements claim receives a confirmation and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has actually been assigned for examination.

The claims examination process can take a number of months. In most cases, a claim is appointed to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO completes the examination, provides a written choice and takes enforcement action if essential.

To avoid delays with processing your claim, please guarantee all info is appropriate and supporting files are submitted. If you are sending a problem, you must sign up for the claimant portal so you can log in to see where your complaint remains in the process.