In Ontario, you might file a claim with the Ministry of Labour, Immigration, Training and Skills Development if you think 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 see Employment Ontario to find out how they can help you get training, develop skills or find a new task.
Filing a claim
You can sue online for any problems connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can likewise sue online for issues relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to comprehend what to expect when submitting a work standards declare
If you have currently started a claim
If you have actually currently started or sued through the claimant website, you can:
- check in to continue your claim
- inspect the status of your claim
- upload documents to your claim.
Creating a My Ontario account
If you have actually formerly signed up for the claimant website using a ONe-Key account, please choose the sign-in/ produce account button and create a My Ontario account utilizing the very same email address that was utilized when you registered 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 formerly sent claims. If you need help, employment 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 utilize the website.
Internet browser requirements
To sue online utilizing e-claim or to access the claimant portal you must utilize:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other internet browsers might work, but they are not supported by the e-claim or claimant portal.
PDF claim kinds
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:
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 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 unique guidelines and/or exemptions that may use to them.
A claim may be made when you think your company has violated your rights under the ESA.
Examples of ESA infractions consist of:
- Failure to pay an employee the appropriate rate of pay and/or public vacation pay, vacation pay or other wages they are entitled to under the ESA.
- Not providing an employee with time off for an entitled leave of absence under the ESA or penalizing an employee for taking such a leave.
- Not supplying a staff member with wage declarations or other needed files.
For more information, see Your Guide to the Employment Standards Act or the Guide to special 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 common law
- other legislation
If you have questions about your privileges, you may wish to get in touch with an attorney.
Time limitations for filing an ESA claim
There are time limitations that use to submitting an ESA claim. Generally, you must sue within two years of the alleged ESA violation. If you sue within the two-year limit a work requirements officer will investigate the claim.
Similarly, if your employer owes you earnings, the wages need to have been owed to you in the two 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 think your employer or an employer has actually breached your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through a migration or foreign short-term worker program. For example, if you are working or looking for operate 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 offenses include:
- a recruiter charging you any costs
- an employer charging you for employing expenses (with restricted exceptions).
- an employer or company holding onto your home (such as a passport).
- a recruiter or company penalizing you for asking about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario also have rights under the ESA. For example, if you are not being paid all incomes owed, you might be able to sue under the ESA.
Time frame for filing 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, an employment 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 submitted an EPFNA claim.
Learn more about your rights under the EPFNA.
Protecting Child Performers Act claims
The Protecting Child Performers Act (PCPA) provides particular work environment protections to child performers who are under 18 years of age working in the live and documented show business.
It consists of minimum rights with respect to hours of work, breaks and payment of travel expenditures.
The PCPA applies to:
- kid entertainers.
- their moms and dads.
- their guardians.
- employers.
Sections are implemented by the Health and Safety Program or the Employment Standards Program.
Learn more about the rights of kid entertainers under the PCPA and read the Child Performers Guideline.
Filing a PCPA claim
You can file a PCPA claim if you believe workplace defenses have actually not been supplied to a child entertainer in Ontario. Filing a claim is free.
To file a claim, you should be either:
- a kid performer under 18 years of age.
- the moms and dad or guardian of a child entertainer under 18 years of age.
The child performer must not be covered by a cumulative contract.
To file a claim:
Download the claim form from the types repository and conserve it to your computer system.
1. Open the kind with Adobe Reader (download Adobe Reader for complimentary).
2. Fill out the form with all the required information.
3. Select the "submit by e-mail" button within the type to send your claim.
Please only file your claim once.
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 restricts to filing a PCPA claim
Generally, a PCPA claim need to be submitted within two years of the supposed PCPA violation.
When a claim can not be filed
Generally, a claim can not be filed if:
- you have taken court action versus your company for the very same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you need to withdraw your sent claim within two weeks after it is submitted.
This claim type is not planned for you if:
- you operate in an industry that falls under federal jurisdiction.
- you desire to submit a problem about occupational health and wellness.
- you desire to file a human rights problem under the Human Rights Code.
- you wish to submit a claim with the Workplace Safety and Insurance Board (WSIB).
What to expect after you file a claim
Claims are examined in the order that they are gotten. The amount of time it considers a claim to be assigned differs, depending on numerous elements, including the amount of inbound claims. Anyone who submits an claim gets a confirmation and is designated a claim number. You will be gotten in touch with by the ministry once the claim has been appointed for investigation.
The claims examination process can take several months. In the majority of cases, a claim is assigned to an early resolution officer (ERO) for preliminary examination. If the claim is not fixed by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO completes the examination, supplies a written decision and takes enforcement action if necessary.
To avoid delays with processing your claim, please make sure all info is proper and supporting documents are filed. If you are submitting a problem, you need to sign up for the claimant portal so you can visit to see where your complaint is in the process.
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Filing A Claim
Adolph Brinkman edited this page 4 months ago