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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 have actually lost your job, please see Employment Ontario to find out how they can assist you get training, build abilities or find a new job.

Suing

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 also submit a claim online for problems relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to anticipate when filing an employment standards claim

If you have actually already started a claim

If you have already begun or submitted 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 previously signed up for the claimant website utilizing a ONe-Key account, please choose the sign-in/ create account button and create a My Ontario account using the 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 formerly submitted claims. If you require help, please call the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet web browser requirements

To sue online using 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 portal.

PDF claim types

You can likewise 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, 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 staff members who are covered by the ESA have unique guidelines and/or exemptions that may use to them.

A claim may be made when you believe your company has broken your rights under the ESA.

Examples of ESA violations consist of:

- Failure to pay a staff member the correct rate of pay and/or public vacation pay, vacation pay or other wages they are entitled to under the ESA.
- Not providing a worker with time off for an entitled leave of lack under the ESA or penalizing a staff member for taking such a leave.
- Not supplying a staff member with wage statements or other required documents.
To find out more, visit Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.

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

- an employment contract
- cumulative contract
- the typical law
- other legislation
If you have concerns about your entitlements, you might want to get in touch with a legal representative.

Time limits for submitting an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you must file a claim within two years of the alleged ESA offense. If you submit a claim within the two-year limitation a work requirements officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act claims

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

The EPFNA uses to foreign nationals who work or are looking for operate in Ontario through an immigration or foreign temporary worker 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 offenses consist of:

- an employer charging you any fees
- a company charging you for employing costs (with limited exceptions).
- an employer or company holding onto your home (such as a passport).
- an employer or employer penalizing you for inquiring about or exercising your EPFNA rights.
Foreign nationals employed in Ontario also have rights under the ESA. For example, if you are not being paid all salaries owed, you may have the ability to submit a claim under the ESA.

Time frame for filing an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work requirements officer can generally issue 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.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) offers specific workplace securities to child entertainers who are under 18 years of age working in the live and taped show business.

It consists of minimum rights with respect to hours of work, breaks and payment of travel expenses.

The PCPA applies to:

- kid entertainers.
- their moms and dads.
- their guardians.
- employers.
Sections are implemented by the Health and wellness 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 file a PCPA claim if you believe workplace defenses have actually not been offered to a child entertainer in Ontario. Filing a claim is totally free.

To sue, you must be either:

- a kid entertainer under 18 years of age.
- the moms and dad or guardian of a kid performer under 18 years of age.
The kid entertainer should not be covered by a cumulative arrangement.

To sue:

Download the claim type from the types repository and save it to your computer.
1. Open the kind with Adobe Reader (download Adobe Reader for complimentary).
2. Complete the type with all the needed information.
3. Select the "send by e-mail" button within the type to submit your claim.
Please only submit your claim when.

After you file 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 limits to filing a PCPA claim

Generally, employment a PCPA claim should be submitted within 2 years of the supposed PCPA infraction.

When a claim can not be submitted

Generally, a claim can not be submitted if:

- you have actually taken court action against your company for the very 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 need to withdraw your sent claim within two weeks after it is filed.

This claim type is not intended 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 desire to submit a human rights problem under the Human Rights Code.
- you wish to sue with the Workplace Safety and Insurance Board (WSIB).
What to expect after you file a claim

Claims are examined in the order that they are received. The quantity of time it considers a claim to be assigned varies, depending on several factors, consisting of the amount of inbound claims. Anyone who sends an employment standards claim gets a confirmation and is appointed a claim number. You will be called by the ministry once the claim has been assigned for examination.

The claims examination process can take numerous months. In many cases, a claim is appointed to an early resolution officer (ERO) for preliminary examination. If the claim is not dealt with by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO completes the investigation, provides a composed choice and takes enforcement action if needed.

To avoid hold-ups with processing your claim, please ensure all info is appropriate and supporting files are filed. If you are sending a complaint, you should sign up for the claimant portal so you can visit to see where your complaint remains in the procedure.