Filing A Claim
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In Ontario, you might 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've lost your task, please check out Employment Ontario to find out how they can help you get training, construct abilities or find a new job.

Filing a claim

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

File a claim

You can likewise submit a claim online for employment problems relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to expect when filing a work requirements claim

If you have already started a claim

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

- sign in to continue your claim
- examine the status of your claim
- upload documents to your claim.
Creating a My Ontario account

If you have previously signed up for the claimant website using a ONe-Key account, please select the sign-in/ produce account button and develop a My Ontario account using the exact same e-mail address that was used when you enrolled in the claimant portal. If you do not use the exact same e-mail address, you will not be able to see any of your formerly submitted claims. If you need assistance, please call the Employment Standards Information Centre.

Sign-in/ produce account

Watch the claimant portal video for an overview of the portal features, including how to sign-up and use the portal.

Internet internet browser requirements

To sue online utilizing e-claim or to access the claimant website you should utilize:

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

PDF claim types

You can also submit an ESA or EPFNA claim using the PDF claim type.

Submit your claim by:

- fax to 1-888-252-4684 or
mail to:

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

A claim might be made when you believe your company has violated your rights under the ESA.

Examples of ESA offenses consist of:

- Failure to pay a worker the right rate of pay and/or public vacation pay, getaway pay or other earnings they are entitled to under the ESA.
- Not supplying an employee with time off for an entitled leave of absence under the ESA or penalizing an employee for employment taking such a leave.
- Not supplying a worker with wage declarations or other required documents.
For more details, see 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 rules under the ESA are minimum requirements. You may have greater rights under:

- an employment agreement
- collective contract
- the common law
- other legislation
If you have concerns about your privileges, you might want to call a lawyer.

Time frame for filing an ESA claim

There are time limits that use to filing an ESA claim. Generally, you should sue within two years of the alleged ESA offense. If you sue within the two-year limitation an employment standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act declares

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

The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through a migration or foreign short-term staff member program. For example, if you are working or looking for work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.

Examples of EPFNA violations include:

- an employer charging you any charges
- an employer charging you for working with expenses (with minimal exceptions).
- an employer or employer holding onto your residential or commercial property (such as a passport).
- a recruiter or company penalizing you for asking about or exercising your EPFNA rights.
Foreign nationals employed in Ontario also have rights under the ESA. For instance, if you are not being paid all salaries owed, you might have the ability to submit a claim under the ESA.

Time limits for submitting an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. 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.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies particular work environment securities to kid entertainers who are under 18 years of age working in the live and documented home entertainment industries.

It consists of minimum rights with respect to hours of work, breaks and payment of travel costs.

The PCPA applies to:

- kid performers.
- their parents.
- their guardians.
- companies.
Sections are enforced 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 believe workplace securities have not been offered to a kid performer in Ontario. Filing a claim 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 child performer must not be covered by a collective arrangement.

To sue:

Download the claim kind from the types repository and save it to your computer.
1. Open the form with Adobe Reader (download Adobe Reader totally free).
2. Fill out the kind with all the required information.
3. Select the "submit by email" button within the form to submit your claim.
Please only file your claim as soon as.

After you sue:

- You will get an email verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as rapidly as possible.
Time limits 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 filed

Generally, a claim can not be filed if:

- you have actually taken court action versus your employer for the same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, employment 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 a market that falls under federal jurisdiction.
- you desire to file a complaint about occupational health and safety.
- you desire to submit a human rights problem under the Human Rights Code.
- you desire to file a claim with the Workplace Safety and Insurance Board (WSIB).
What to expect after you sue

Claims are investigated in the order that they are gotten. The amount of time it considers a claim to be appointed differs, depending upon several aspects, including the amount of inbound claims. Anyone who submits a work requirements declare gets a verification and is assigned a claim number. You will be contacted by the ministry once the claim has actually been assigned for examination.

The claims examination procedure can take several months. Most of the times, a claim is assigned 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 an employment requirements officer (ESO). The ESO completes the examination, supplies a written decision and takes enforcement action if required.

To prevent hold-ups with processing your claim, please guarantee all info is right and supporting documents are submitted. If you are submitting a complaint, you need to sign up for the claimant portal so you can visit to see where your complaint is in the process.