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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 breached.

If you've lost your job, please visit Employment Ontario to learn how they can assist you get training, develop abilities or find a brand-new task.

Suing

You can sue online for any concerns relating 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 concerns associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to understand what to expect when filing an employment standards claim

If you have already begun a claim

If you have currently started or filed a claim through the claimant website, 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 formerly signed up for the claimant website using a ONe-Key account, please select the sign-in/ produce account button and create a My Ontario account utilizing the exact same email address that was used when you enrolled in the claimant website. If you do not use the very same email address, employment you will not have the ability to see any of your previously sent claims. If you require support, please get in touch with the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet browser requirements

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

- Chrome

- Firefox

- Microsoft Edge

- Safari


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

PDF claim forms

You can likewise submit an ESA or EPFNA claim utilizing the PDF claim form.

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 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 apply to them.

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

Examples of ESA violations consist of:

- Failure to pay a worker the appropriate rate of pay and/or public vacation pay, getaway pay or other earnings they are entitled to under the ESA.

- Not providing an employee with time off for employment an entitled leave of absence under the ESA or punishing an employee for taking such a leave.

- Not supplying a worker with wage statements or other required files.


To learn more, visit Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.

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

- a work contract

- cumulative arrangement

- the typical law

- other legislation


If you have concerns about your privileges, you might wish to contact a lawyer.

Time limits for filing an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you should submit a claim within two years of the supposed ESA violation. If you submit a claim within the two-year limit a work requirements officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act declares

A claim might be made when you think your company or an employer has actually breached your rights under the EPFNA.

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

- an employer charging you any fees

- a company charging you for employing expenses (with restricted exceptions).

- an employer or company holding onto your home (such as a passport).

- an employer or employer punishing you for inquiring about or exercising your EPFNA rights.


Foreign nationals utilized in Ontario likewise have rights under the ESA. For instance, if you are not being paid all wages owed, you may have the ability to sue 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 supposed EPFNA offense. Similarly, a work standards officer can typically issue an order for cash owed to you under the EPFNA in the three-and-a-half-year duration before the date you submitted an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act declares

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

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

The PCPA uses to:

- kid entertainers.

- their parents.

- their guardians.

- companies.


Sections are enforced by the Health and Safety 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 file a PCPA claim if you think workplace defenses have actually not been offered to a kid entertainer in Ontario. Suing is free.

To sue, you need to be either:

- a child performer under 18 years of age.

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


The kid performer need to not be covered by a collective agreement.

To sue:

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

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

2. Complete the form with all the needed information.

3. Select the "submit by email" button within the type to submit your claim.


Please just file your claim when.

After you submit a claim:

- You will receive an e-mail confirmation that includes your claim number.

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


Time frame to filing a PCPA claim

Generally, a PCPA claim must be submitted within 2 years of the alleged PCPA offense.

When a claim can not be filed

Generally, a claim can not be filed if:

- you have taken court action against your company for the exact same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you should withdraw your sent claim within 2 weeks after it is submitted.

This claim form is not meant for you if:

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

- you wish to file a grievance about occupational health and wellness.

- you want to submit a human rights complaint 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 amount of time it takes for a claim to be assigned varies, depending on a number of factors, consisting of the quantity of incoming claims. Anyone who sends an employment standards declare receives a verification and is assigned a claim number. You will be contacted by the ministry once the claim has actually been assigned for investigation.

The claims examination procedure can take several months. In many cases, a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not resolved by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO finishes the investigation, offers a composed choice and takes enforcement action if required.

To avoid delays with processing your claim, please make sure all info is right and supporting documents are filed. If you are sending a complaint, you need to sign up for the claimant portal so you can log in to see where your complaint is in the process.

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