Suing

In Ontario, you might sue 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 have actually lost your job, please see Employment Ontario to discover how they can help you get training, employment construct abilities or find a brand-new task.

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 relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to understand what to anticipate when filing a work standards claim

If you have actually currently started a claim

If you have already begun or submitted a claim through the claimant portal, you can:

– check in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have actually previously registered 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 same e-mail address that was used when you registered in the claimant website. If you do not utilize the very same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you support, please get in touch with the Employment Standards Information Centre.

Sign-in/ create account

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

Internet internet browser requirements

To submit a claim online utilizing e-claim or to access the claimant website you must utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other internet browsers may work, however 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 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 claims

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

A claim might be made when you think your employer has violated 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, holiday pay or other earnings they are entitled to under the ESA.

– Not providing a worker with time off for an entitled leave of absence under the ESA or punishing a staff member for taking such a leave.

– Not offering a worker with wage declarations or other required files.

For more details, employment see Your Guide to the Employment Standards Act or the Guide to unique guidelines and exemptions.

The ESA is not the only law that uses to Ontario workplaces. The rules under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– collective arrangement

– the common law

– other legislation

If you have questions about your entitlements, you may wish to contact an attorney.

Time frame for submitting an ESA claim

There are time limits that use to filing an ESA claim. Generally, you need to sue within 2 years of the alleged ESA infraction. If you sue within the two-year limit a work requirements officer will examine the claim.

Similarly, if your employer owes you wages, the salaries must have been owed to you in the 2 years before your claim was applied 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 an employer has violated your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign temporary worker program. For instance, if you are working or searching for 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 violations consist of:

– an employer charging you any charges

– an employer charging you for employing costs (with limited exceptions).

– an employer or company holding onto your residential or commercial property (such as a passport).

– an employer or employer penalizing you for employment asking about or exercising your EPFNA rights.

Foreign nationals used in Ontario likewise have rights under the ESA. For instance, if you are not being paid all incomes owed, you might be able to submit a claim under the ESA.

Time limitations for filing an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, an employment requirements officer can typically provide 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.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers specific office securities to kid performers who are under 18 years of age working in the live and recorded home entertainment markets.

It includes minimum rights with regard to hours of work, breaks and payment of travel expenses.

The PCPA uses to:

– kid performers.

– their parents.

– their guardians.

– companies.

Sections are implemented by the Health and Safety Program or the Employment Standards Program.

Discover more about the rights of kid performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace defenses have actually not been provided to a kid performer in Ontario. Suing is totally free.

To file a claim, you should be either:

– a child performer under 18 years of age.

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

The child entertainer should not be covered by a collective agreement.

To sue:

Download the claim type from the types repository and wait to your computer system.

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

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

3. Select the « submit by e-mail » button within the form to send your claim.

Please only submit your claim as soon as.

After you sue:

– You will get an e-mail verification that includes your claim number.

Ministry of Labour, Immigration, Training and Skills Development personnel will examine your claim as quickly as possible.

Time restricts to filing a PCPA claim

Generally, a PCPA claim should be submitted within two years of the alleged 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 very same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and employment decide to pursue your rights through the courts, you should withdraw your submitted claim within two weeks after it is submitted.

This claim form is not intended for you if:

– you work in an industry that falls under federal jurisdiction.

– you wish to submit a complaint about occupational health and safety.

– you wish to file a human rights grievance under the Human Rights Code.

– you wish to submit a claim with the Workplace Safety and Insurance Board (WSIB).

What to expect after you submit a claim

Claims are examined in the order that they are received. The quantity of time it considers a claim to be appointed differs, depending upon several elements, consisting of the quantity of inbound claims. Anyone who sends an employment requirements declare gets a confirmation and is designated a claim number. You will be contacted by the ministry once the claim has been appointed for examination.

The claims examination process can take numerous months. Most of the times, a claim is appointed to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO completes the investigation, provides a written decision and employment takes enforcement action if necessary.

To prevent hold-ups with processing your claim, please make sure all info is appropriate and supporting documents are submitted. If you are submitting a problem, you need to register for the claimant website so you can log in to see where your problem is in the procedure.