Suing

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 broken.

If you have actually lost your job, please visit Employment Ontario to discover how they can help you get training, develop skills or discover a brand-new job.

Filing a claim

You can sue online for any issues associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

You can also sue online for concerns connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the submitting a claim video to comprehend what to anticipate when filing a work standards claim

If you have already started a claim

If you have currently started 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 website using a ONe-Key account, please select the sign-in/ develop account button and develop a My Ontario account utilizing the exact same e-mail address that was utilized when you registered in the claimant portal. If you do not utilize the same email address, you will not be able to see any of your previously sent claims. If you need assistance, please call the Employment Standards Information Centre.

Sign-in/ create account

Watch the claimant portal video for a summary of the portal features, consisting of how to sign-up and use the portal.

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can likewise 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 workers operating in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some workers who are covered by the ESA have unique guidelines and/or exemptions that might use to them.

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

Examples of ESA violations include:

– Failure to pay an employee the proper rate of pay and/or public holiday pay, vacation pay or other earnings they are to under the ESA.

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

– Not offering a staff member with wage declarations or job other needed files.

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

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

– an employment contract

– collective arrangement

– the common law

– other legislation

If you have questions about your privileges, you might want to call a lawyer.

Time frame for submitting an ESA claim

There are time limitations that use to submitting an ESA claim. Generally, you need to file a claim within two years of the supposed ESA infraction. If you sue within the two-year limitation a work requirements officer will investigate the claim.

Similarly, if your employer owes you incomes, the salaries should have been owed to you in the 2 years before your claim was declared the earnings 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 broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking work in Ontario through a migration or foreign short-term staff member program. For example, if you are working or searching 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 consist of:

– an employer charging you any charges

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

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

– an employer or company punishing 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 have the ability to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work requirements officer can typically 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 claims

The Protecting Child Performers Act (PCPA) offers certain work environment protections to child entertainers who are under 18 years of age working in the live and documented show business.

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

The PCPA uses to:

– child performers.

– their moms and dads.

– their guardians.

– employers.

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

Learn 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 protections have actually not been supplied to a child entertainer in Ontario. Suing is totally free.

To sue, you must 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 performer need to not be covered by a collective arrangement.

To submit a claim:

Download the claim form from the kinds repository and save it to your computer system.

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

2. Fill out the kind with all the required details.

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

Please only file your claim when.

After you sue:

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

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

Time limits to submitting 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 submitted if:

– you have actually taken court action against your employer for the exact same issue.Note: If you sue with the Ministry of Labour, Immigration, job Training and Skills Development and decide to pursue your rights through the courts, you should withdraw your submitted claim within two weeks after it is filed.

This claim type is not intended for you if:

– you work in a market that falls under federal jurisdiction.

– you want to submit a problem about occupational health and job wellness.

– you wish to submit a human rights grievance 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 examined in the order that they are gotten. The quantity of time it considers a claim to be appointed varies, depending on several aspects, including the quantity of incoming claims. Anyone who submits an employment standards declare receives a verification and is assigned a claim number. You will be called by the ministry once the claim has actually been appointed for examination.

The claims examination procedure can take numerous months. In many cases, a claim is designated 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 requirements officer (ESO). The ESO completes the examination, offers a composed choice and takes enforcement action if needed.

To prevent hold-ups with processing your claim, job please make sure all information is right and supporting files are submitted. If you are sending a problem, you must register for the claimant website so you can visit to see where your complaint remains in the procedure.