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've lost your task, please go to Employment Ontario to discover how they can assist you get training, build skills or find a new job.

Suing

You can submit a claim online for any concerns associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

You can also sue online for issues associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to understand what to anticipate when submitting a work requirements declare

If you have already started a claim

If you have actually currently begun or submitted a claim through the claimant website, you can:

- indication 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 signed up for the claimant portal using a ONe-Key account, please select the sign-in/ develop account button and produce a My Ontario account using the exact same e-mail address that was utilized when you enrolled 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 previously submitted claims. If you need support, please call the Employment Standards Information Centre.

Sign-in/ produce account

Watch the claimant portal video for job an introduction of the portal features, consisting of how to sign-up and use the website.

Internet web browser requirements

To sue online utilizing e-claim or to access the claimant website you need to utilize:

- Chrome
- Firefox
- Microsoft Edge
- Safari
Other internet browsers might work, but they are not supported by the e-claim or claimant website.

PDF claim kinds

You can likewise submit an ESA or EPFNA claim utilizing 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 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 unique rules and/or job exemptions that may use to them.

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

Examples of ESA violations consist of:

- Failure to pay a worker the right rate of pay and/or public vacation pay, getaway pay or other wages they are entitled to under the ESA.
- Not offering an employee with time off for an entitled leave of lack under the ESA or punishing a worker for taking such a leave.
- Not supplying a worker with wage declarations or other required files.
To learn more, see Your Guide to the Employment Standards Act or the Guide to unique rules and exemptions.

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

- an employment agreement
- collective agreement
- the common law
- other legislation
If you have questions about your entitlements, you may wish to get in touch with a lawyer.

Time frame for filing an ESA claim

There are time limits that apply to submitting an ESA claim. Generally, you must sue within 2 years of the supposed ESA infraction. If you sue within the two-year limit a work standards officer will investigate the claim.

Similarly, if your employer owes you earnings, the need to 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 may be made when you think your employer or an employer has actually violated 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 worker program. For example, 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 use to you.

Examples of EPFNA offenses consist of:

- a recruiter charging you any charges
- an employer charging you for hiring expenses (with limited exceptions).
- a recruiter or company holding onto your residential or commercial property (such as a passport).
- an employer or company penalizing you for asking about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario likewise have rights under the ESA. For example, job if you are not being paid all earnings owed, you may have the ability to sue under the ESA.

Time frame 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, a work requirements officer can generally issue an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides certain work environment securities to kid 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:

- child entertainers.
- their parents.
- their guardians.
- companies.
Sections are implemented by the Health and Safety Program or the Employment Standards Program.

Learn more about the rights of child 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 not been provided to a kid entertainer in Ontario. Suing is complimentary.

To sue, you must be either:

- a child entertainer under 18 years of age.
- the moms and dad or guardian of a child entertainer under 18 years of age.
The kid entertainer must not be covered by a cumulative agreement.

To submit a claim:

Download the claim form from the kinds repository and save it to your computer.
1. Open the kind with Adobe Reader (download Adobe Reader totally free).
2. Fill out the form with all the required information.
3. Select the "submit by email" button within the form to submit your claim.
Please only submit your claim once.

After you submit a claim:

- You will get an e-mail verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development personnel will investigate your claim as rapidly as possible.
Time frame to submitting a PCPA claim

Generally, a PCPA claim should be submitted within two years of the alleged PCPA violation.

When a claim can not be filed

Generally, a claim can not be filed 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, Training and Skills Development and choose to pursue your rights through the courts, you need to withdraw your submitted claim within two weeks after it is filed.


This claim form is not planned for you if:

- you operate in an industry that falls under federal jurisdiction.
- you wish to file a grievance about occupational health and security.
- you desire to file a human rights complaint under the Human Rights Code.
- you want to sue with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you submit a claim

Claims are investigated in the order that they are received. The amount of time it takes for a claim to be appointed differs, depending upon numerous elements, consisting of the quantity of incoming claims. Anyone who sends a work requirements declare receives a verification and is designated a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for investigation.

The claims investigation procedure can take numerous months. Most of the times, a claim is appointed to an early resolution officer (ERO) for initial examination. If the claim is not resolved by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO finishes the investigation, provides a written decision and takes enforcement action if needed.

To prevent hold-ups with processing your claim, please make sure all information is right and supporting files are submitted. If you are submitting a grievance, you need to register for the claimant website so you can visit to see where your grievance remains in the process.