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've lost your job, please go to Employment Ontario to discover how they can help you get training, employment construct skills or find a new job.
Filing a claim
You can file 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 likewise sue online for problems connecting to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the submitting a claim video to understand what to anticipate when filing a work requirements claim
If you have actually already begun a claim
If you have currently started or sued through the claimant portal, you can:
- check in to continue your claim
- check 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 website utilizing a ONe-Key account, please select the sign-in/ create account button and create a My Ontario account utilizing the exact same email address that was used when you registered in the claimant portal. If you do not use the very same email address, you will not be able to see any of your previously sent claims. If you need help, please call the Employment Standards Information Centre.
Sign-in/ develop account
Watch the claimant portal video for an overview of the portal functions, including how to sign-up and use the website.
Internet internet browser requirements
To submit a claim online using e-claim or to access the claimant portal you must utilize:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other browsers may work, but they are not supported by the e-claim or claimant website.
PDF claim types
You can also file an ESA or EPFNA claim using the PDF claim type.
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 workers operating in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some staff members who are covered by the ESA have special guidelines and/or exemptions that might use to them.
A claim might be made when you believe your employer has breached your rights under the ESA.
Examples of ESA infractions include:
- Failure to pay an employee the right rate of pay and/or public vacation pay, vacation 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 supplying a worker with wage declarations or other needed files.
For additional information, 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 guidelines under the ESA are minimum requirements. You may have greater rights under:
- an employment agreement
- cumulative contract
- the common law
- other legislation
If you have questions about your entitlements, you may want to get in touch with an attorney.
Time limits for filing an ESA claim
There are time limitations that apply to submitting an ESA claim. Generally, you should sue within 2 years of the supposed ESA offense. If you sue within the two-year limitation an employment standards officer will investigate the claim.
Similarly, if your company owes you incomes, the incomes must have been owed to you in the two years before your claim was declared the incomes to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act claims
A claim might be made when you believe your employer or a recruiter has broken 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 short-term worker 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 infractions consist of:
- an employer charging you any charges
- an employer charging you for working with costs (with limited exceptions).
- an employer or company holding onto your property (such as a passport).
- a recruiter or company 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 wages owed, you might be able 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 alleged EPFNA infraction. Similarly, an employment requirements officer can typically issue an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.
Find out more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) offers specific office defenses to child performers who are under 18 years of age working in the live and recorded show business.
It consists of minimum rights with respect to hours of work, breaks and payment of travel costs.
The PCPA uses to:
- kid entertainers.
- their parents.
- their guardians.
- companies.
Sections are implemented by the Health and Safety Program or the Employment Standards Program.
Learn 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 think workplace protections have not been supplied to a child entertainer in Ontario. Filing a claim is totally free.
To sue, you must be either:
- a child entertainer under 18 years of age.
- the moms and dad or guardian of a kid performer under 18 years of age.
The child entertainer need to not be covered by a cumulative agreement.
To sue:
Download the claim type from the forms repository and conserve it to your computer.
1. Open the form with Adobe Reader (download Adobe Reader totally free).
2. Fill in the kind with all the needed 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 investigate your claim as rapidly as possible.
Time frame to filing a PCPA claim
Generally, a PCPA claim must be filed within two years of the supposed PCPA infraction.
When a claim can not be submitted
Generally, a claim can not be filed if:
- you have taken court action against your employer 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 type is not planned for you if:
- you work in an industry that falls under federal jurisdiction.
- you desire to file a grievance about occupational health and security.
- you wish to file a human rights complaint under the Human Rights Code.
- you desire to submit a claim with the Workplace Safety and Insurance Board (WSIB).
What to expect after you sue
Claims are examined in the order that they are received. The quantity of time it takes for a claim to be designated varies, depending on numerous aspects, consisting of the quantity of incoming claims. Anyone who submits an employment standards claim receives a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has actually been assigned for examination.
The claims investigation process can take numerous months. In many cases, a claim is designated to an early resolution officer (ERO) for preliminary investigation. If the claim is not dealt with by the ERO, the claim will then be designated to a work standards officer (ESO). The ESO completes the examination, offers a composed decision and takes enforcement action if necessary.
To avoid delays with processing your claim, please guarantee all details is correct and supporting files are submitted. If you are submitting a grievance, you should sign up for the claimant website so you can visit to see where your complaint remains in the process.
