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Filing A Claim

In Ontario, you might submit 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 job, please visit Employment Ontario to learn how they can help you get training, build skills or discover a new job.

Filing a claim

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

Sue

You can also sue online for problems associating with 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 currently begun a claim

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

– indication in to continue your claim

– inspect the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have actually previously signed up for the claimant website using a ONe-Key account, please choose the sign-in/ create account button and produce 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 same email address, you will not be able 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 functions, consisting of how to sign-up and use the website.

Internet browser requirements

To sue online using e-claim or to access the claimant portal you need to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also file an ESA or EPFNA claim using 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 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 special rules and/or exemptions that may apply to them.

A claim may be made when you think your company has actually violated your rights under the ESA.

Examples of ESA violations include:

– Failure to pay a staff member the correct rate of pay and/or public vacation pay, trip pay or other wages they are entitled to under the ESA.

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

– Not providing an employee with wage declarations or other required files.

For additional information, visit Your Guide to the Employment Standards Act or the Guide to unique rules and employment exemptions.

The ESA is not the only law that uses to Ontario offices. The guidelines under the ESA are minimum requirements. You may have higher rights under:

– a work contract

– collective contract

– the typical law

– other legislation

If you have concerns about your privileges, you might want to call an attorney.

Time frame for submitting an ESA claim

There are time limits that apply to filing an ESA claim. Generally, you must submit a claim within two years of the alleged ESA offense. If you sue within the two-year limit an employment requirements officer will investigate the claim.

Similarly, if your company owes you incomes, the incomes should have been owed to you in the 2 years before your claim was applied for the wages 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 actually breached your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through a migration or foreign momentary employee program. For instance, if you are working or looking for work in Ontario through the federal Temporary Foreign Worker Program, or employment the Seasonal Agricultural Worker Program, the EPFNA would likely apply to you.

Examples of EPFNA violations include:

– an employer charging you any fees

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

– a recruiter or employer holding onto your property (such as a passport).

– an employer or company penalizing you for inquiring about or exercising your EPFNA rights.

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

Time frame for filing an EPFNA claim

Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work requirements officer can usually provide an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides specific workplace defenses to child entertainers 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 expenses.

The PCPA applies to:

– kid performers.

– their moms and dads.

– their guardians.

– employers.

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

Learn more about the rights of child 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. Suing is totally free.

To sue, you should be either:

– a child performer under 18 years of age.

– the moms and dad or guardian of a child performer under 18 years of age.

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

To sue:

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

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

2. Fill in the type with all the needed info.

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

Please just file your claim once.

After you sue:

– You will get an email confirmation that includes your claim number.

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

Time frame to submitting a PCPA claim

Generally, a PCPA claim must be submitted within two years of the supposed PCPA offense.

When a claim can not be submitted

Generally, a claim can not be filed if:

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

This claim kind is not planned for you if:

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

– you want to submit 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 employment Insurance Board (WSIB).

What to expect after you submit a claim

Claims are investigated in the order that they are received. The of time it takes for a claim to be assigned differs, depending upon a number of elements, consisting of the amount of inbound claims. Anyone who submits an employment requirements claim gets a confirmation and is designated a claim number. You will be called by the ministry once the claim has been appointed for examination.

The claims examination process can take numerous months. For the most part, a claim is appointed to an early resolution officer (ERO) for initial investigation. If the claim is not dealt with by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO finishes the investigation, supplies a composed choice and takes enforcement action if necessary.

To prevent delays with processing your claim, please make sure all info is right and supporting files are submitted. If you are submitting a problem, you ought to register for the claimant website so you can visit to see where your grievance is in the procedure.