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 breached.

If you have actually lost your job, please visit Employment Ontario to find out how they can assist you get training, develop abilities or find a brand-new job.

Filing a claim

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

Sue

You can also file a claim online for employment concerns relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the submitting a claim video to understand what to anticipate when submitting an employment standards claim

If you have currently started a claim

If you have actually already started or filed a claim through the claimant portal, 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 formerly signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ produce account button and develop a My Ontario account using the same e-mail address that was utilized when you enrolled in the claimant website. If you do not use the very same e-mail address, you will not be able to see any of your previously sent claims. If you require support, please contact the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

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 workers operating in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or exemptions that might use to them.

A claim may be made when you believe your company has broken your rights under the ESA.

Examples of ESA infractions include:

– Failure to pay an employee the right rate of pay and/or public holiday pay, getaway pay or other salaries 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 worker for taking such a leave.

– Not offering an employee with wage declarations or other required documents.

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

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

– an employment agreement

– collective agreement

– the typical law

– other legislation

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

Time frame for employment submitting an ESA claim

There are time limits that use to submitting an ESA claim. Generally, you need to sue within two years of the supposed ESA violation. If you sue within the two-year limit an employment standards officer will examine the claim.

Similarly, if your company owes you earnings, the wages need to have been owed to you in the 2 years before your claim was submitted for the incomes to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim might be made when you believe your company or an employer has violated your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign momentary employee 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 apply to you.

Examples of EPFNA offenses consist of:

– an employer charging you any charges

– a company charging you for employing costs (with restricted exceptions).

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

– a recruiter or employer punishing you for inquiring 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 salaries owed, you might be able to file a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, a work requirements officer can normally provide an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies certain workplace securities to child performers who are under 18 years of age working in the live and recorded home entertainment markets.

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

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– employers.

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

Find out more about the rights of child performers under the PCPA and read 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 kid entertainer in Ontario. Suing is complimentary.

To sue, you must be either:

– a kid entertainer under 18 years of age.

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

The kid entertainer must not be covered by a collective agreement.

To sue:

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

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

2. Fill out the form with all the required info.

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

Please just file your claim as soon as.

After you sue:

– You will receive an email verification 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 need to be filed 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 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 employment decide to pursue your rights through the courts, you must withdraw your submitted claim within two weeks after it is submitted.

This claim form is not planned for you if:

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

– you desire to submit a grievance about occupational health and employment wellness.

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

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

What to anticipate after you sue

Claims are examined in the order that they are gotten. The quantity of time it considers a claim to be assigned varies, depending upon several aspects, consisting of the amount of incoming claims. Anyone who sends a work standards declare gets a confirmation and is designated a claim number. You will be contacted by the ministry once the claim has been assigned for investigation.

The claims examination procedure can take several months. In most cases, a claim is assigned to an early resolution officer (ERO) for initial examination. If the claim is not fixed by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO finishes the investigation, supplies a composed decision and takes enforcement action if essential.

To avoid hold-ups with processing your claim, please guarantee all details is correct and supporting documents are submitted. If you are submitting a grievance, you ought to register for the claimant website so you can visit to see where your grievance is in the procedure.