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  • Adela Carothers
  • mhealth-consulting
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  • #81

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Opened Feb 27, 2025 by Adela Carothers@adelacarothers
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Suing


In Ontario, you might file a claim 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 breached.

If you've lost your job, please check out Employment Ontario to discover how they can assist you get training, build abilities or discover a 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 likewise 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 actually already started a claim

If you have currently 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 formerly registered for the claimant website using a ONe-Key account, please select the sign-in/ produce account button and develop a My Ontario account using the very same email address that was utilized when you enrolled in the claimant portal. If you do not use the same e-mail address, you will not be able to see any of your previously sent claims. If you need support, please get in touch with the Employment Standards Information Centre.

Sign-in/ create account

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

Internet internet browser requirements

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

Most staff members operating in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some employees who are covered by the ESA have unique guidelines and/or exemptions that may apply to them.

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

Examples of ESA infractions include:

- Failure to pay a worker the proper rate of pay and/or public vacation pay, holiday pay or other salaries they are entitled to under the ESA.
- Not offering a staff member with time off for an entitled leave of lack under the ESA or penalizing a staff member for taking such a leave.
- Not offering an employee with wage declarations or other needed documents.
For additional information, check out 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 workplaces. The guidelines under the ESA are minimum requirements. You may have higher rights under:

- an employment contract
- cumulative arrangement
- the typical law
- other legislation
If you have questions about your privileges, you may wish to get in touch with an attorney.

Time frame for filing an ESA claim

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

Similarly, if your employer owes you salaries, the salaries need to have been owed to you in the two years before your claim was applied for the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

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

The EPFNA applies to foreign nationals who work or are looking for work in Ontario through a migration or foreign short-term staff member program. For example, if you are working or trying to find work 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 include:

- a recruiter charging you any charges
- a company charging you for hiring costs (with minimal exceptions).
- an employer or company holding onto your home (such as a passport).
- a recruiter or employer penalizing you for inquiring about or exercising your EPFNA rights.
Foreign nationals used in Ontario also have rights under the ESA. For instance, if you are not being paid all salaries owed, you may be able to sue 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 alleged EPFNA offense. Similarly, a work requirements officer can usually provide an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

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

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

The PCPA uses to:

- child entertainers.
- their moms and dads.
- their guardians.
- companies.
Sections are imposed by the Health and wellness Program or the Employment Standards Program.

Find out more about the rights of kid entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace securities have actually not been offered to a kid entertainer in Ontario. Suing is free.

To submit a claim, you should be either:

- a kid performer under 18 years of age.
- the parent or guardian of a kid performer under 18 years of age.
The child entertainer need to not be covered by a collective contract.

To sue:

Download the claim form from the forms repository and wait to your computer.
1. Open the type with Adobe Reader (download Adobe Reader for totally free).
2. Complete the kind with all the required info.
3. Select the "send by email" button within the kind to send your claim.
Please just file your claim when.

After you submit a claim:

- You will receive an email verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as rapidly as possible.
Time limits to submitting a PCPA claim

Generally, a PCPA claim need to be filed within 2 years of the supposed PCPA offense.

When a claim can not be filed

Generally, a claim can not be filed if:

- you have taken court action versus your employer for the very same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you need to withdraw your sent claim within two weeks after it is submitted.


This claim kind is not intended for you if:

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

Claims are investigated in the order that they are received. The amount of time it takes for a claim to be appointed differs, depending on several elements, including the quantity of incoming claims. Anyone who submits a work requirements declare receives a verification and is a claim number. You will be contacted by the ministry once the claim has actually been appointed for investigation.

The claims investigation process can take several months. For the most part, a claim is designated to an early resolution officer (ERO) for initial investigation. If the claim is not solved by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO completes the investigation, supplies a written choice and takes enforcement action if necessary.

To prevent delays with processing your claim, please make sure all information is appropriate and supporting documents are filed. If you are submitting a complaint, you need to sign up for the claimant portal so you can visit to see where your problem is in the process.

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Reference: adelacarothers/mhealth-consulting#81