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 violated.
If you have actually lost your job, please visit Employment Ontario to learn how they can help you get training, construct skills or discover a brand-new job.
Filing a claim
You can file a claim online for any problems associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can likewise sue online for issues associating with the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the filing a claim video to comprehend what to anticipate when submitting an employment requirements claim
If you have currently started a claim
If you have actually already started or sued through the claimant website, you can:
- check in to continue your claim
- examine the status of your claim
- upload files to your claim.
Creating a My Ontario account
If you have previously signed up for the claimant portal using a ONe-Key account, please select the sign-in/ produce account button and develop a My Ontario account utilizing the very same e-mail address that was utilized when you enrolled in the claimant portal. If you do not use the same e-mail address, you will not be able to see any of your formerly sent claims. If you need assistance, please get in touch with the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for an overview of the portal functions, consisting of how to sign-up and use the website.
Internet browser requirements
To file a claim online using e-claim or to access the claimant portal you should utilize:
- 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 also submit an ESA or EPFNA claim using the PDF claim form.
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 staff members operating in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some staff members who are covered by the ESA have unique guidelines and/or exemptions that may use to them.
A claim might be made when you believe your employer has actually violated your rights under the ESA.
Examples of ESA violations consist of:
- Failure to pay a worker the appropriate rate of pay and/or public vacation pay, getaway pay or other wages they are entitled to under the ESA.
- Not providing a worker with time off for an entitled leave of absence under the ESA or penalizing a worker for taking such a leave.
- Not supplying an employee with wage statements or other required documents.
For additional information, check out 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 workplaces. The guidelines under the ESA are minimum requirements. You might have higher rights under:
- an employment agreement
- collective contract
- the typical law
- other legislation
If you have questions about your privileges, you might want to contact an attorney.
Time limitations for submitting an ESA claim
There are time frame that use to submitting an ESA claim. Generally, you must sue within 2 years of the supposed ESA offense. If you file a claim within the two-year limitation a work requirements officer will investigate the claim.
Similarly, if your employer owes you incomes, the incomes should have been owed to you in the two years before your claim was submitted for the earnings 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 uses to foreign nationals who work or are seeking work in Ontario through an immigration or foreign momentary staff member program. For instance, job if you are working or searching 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 violations include:
- a recruiter charging you any fees
- a company charging you for employing expenses (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 likewise have rights under the ESA. For instance, if you are not being paid all salaries owed, you may have the ability to file a claim under the ESA.
Time frame for submitting an EPFNA claim
Generally, you must file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work requirements officer can normally issue an order for money owed to you under the EPFNA in the three-and-a-half-year period 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) supplies particular workplace defenses to child performers who are under 18 years of age working in the live and recorded home entertainment industries.
It includes minimum rights with respect to hours of work, breaks and payment of travel costs.
The PCPA applies to:
- child entertainers.
- their moms and dads.
- their guardians.
- employers.
Sections are imposed by the Health and wellness Program or 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 submit a PCPA claim if you think workplace protections have actually not been provided to a kid performer in Ontario. Filing a claim is complimentary.
To file a claim, you need to be either:
- a kid entertainer 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 collective agreement.
To submit a claim:
Download the claim form from the forms repository and save it to your computer.
1. Open the type with Adobe Reader (download Adobe Reader for complimentary).
2. Complete the type with all the needed details.
3. Select the "submit by e-mail" button within the kind to submit your claim.
Please just file your claim as soon as.
After you sue:
- You will get an e-mail confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development personnel will examine your claim as rapidly as possible.
Time frame to submitting a PCPA claim
Generally, a PCPA claim should be filed within two years of the alleged PCPA violation.
When a claim can not be filed
Generally, a claim can not be submitted if:
- you have actually taken court action versus your company for the exact same issue.Note: If you file 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 submitted claim within 2 weeks after it is filed.
This claim type is not meant for you if:
- you operate in an industry that falls under federal jurisdiction.
- you want to submit a grievance about occupational health and safety.
- you wish 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 file a claim
Claims are examined in the order that they are received. The amount of time it takes for a claim to be designated varies, depending on several elements, consisting of the amount of incoming claims. Anyone who submits a work requirements declare gets a confirmation and is assigned a claim number. You will be called by the ministry once the claim has been designated for investigation.
The claims examination procedure can take several months. In the majority of cases, a claim is designated to an early resolution officer (ERO) for initial examination. If the claim is not fixed by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO finishes the examination, supplies a written decision and takes enforcement action if essential.
To prevent hold-ups with processing your claim, please guarantee all details is appropriate and supporting documents are submitted. If you are sending a problem, you ought to sign up for the claimant portal so you can visit to see where your complaint remains in the process.
