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Suing


In Ontario, you may 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 violated.

If you've lost your job, please see Employment Ontario to find out how they can assist you get training, construct skills or find a new job.

Filing a claim

You can file a claim 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 relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to understand what to expect when submitting an employment requirements claim

If you have actually currently begun a claim

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

- sign in to continue your claim
- check the status of your claim
- upload documents to your claim.
Creating a My Ontario account

If you have actually formerly signed up for the claimant website utilizing a ONe-Key account, please choose the sign-in/ produce account button and produce a My Ontario account utilizing the same e-mail address that was used when you registered in the claimant website. If you do not utilize the same email address, you will not be able to see any of your formerly submitted claims. If you need support, please contact the Employment Standards Information Centre.

Sign-in/ produce account

Watch the claimant portal video for an introduction of the portal functions, including how to sign-up and use the portal.

Internet browser requirements

To file a claim online utilizing e-claim or to access the claimant website you need to use:

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

PDF claim types

You can likewise file an ESA or EPFNA claim utilizing 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, employment Suite 410 Roberta Bondar Place Sault Ste. Marie, Ontario P6A 6V4


Employment Standards Act declares

Most staff members working 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 special guidelines and/or exemptions that may apply to them.

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

Examples of ESA violations include:

- Failure to pay an employee the correct rate of pay and/or public vacation pay, vacation pay or other salaries 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 punishing a staff member for taking such a leave.
- Not offering an employee with wage statements or other required documents.
To find out more, see Your Guide to the Employment Standards Act or the Guide to unique guidelines and exemptions.

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

- an employment agreement
- cumulative arrangement
- the typical law
- other legislation
If you have questions about your entitlements, you may 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 submit a claim within two years of the alleged ESA offense. If you file a claim within the two-year limit an employment requirements officer will examine the claim.

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

Employment Protection for Foreign Nationals Act claims

A claim may be made when you believe your company or an employer has breached your rights under the EPFNA.

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

Examples of EPFNA violations consist of:

- an employer charging you any fees
- an employer charging you for employing expenses (with limited exceptions).
- a recruiter or employer holding onto your property (such as a passport).
- a recruiter or employer penalizing you for asking about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario also have rights under the ESA. For instance, if you are not being paid all incomes owed, you might have the ability to file a claim under the ESA.

Time limits for submitting an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work standards 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

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

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

The PCPA applies to:

- kid entertainers.
- their moms and dads.
- their guardians.
- employers.
Sections are imposed by the Health and Safety Program or the Employment Standards Program.

Discover 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 defenses have actually not been provided to a child entertainer in Ontario. Filing a claim is free.

To sue, you should be either:

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

To sue:

Download the claim type from the and wait to your computer system.
1. Open the form with Adobe Reader (download Adobe Reader free of charge).
2. Fill in the form with all the required info.
3. Select the "send by e-mail" button within the form to submit your claim.
Please just file your claim once.

After you sue:

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

Generally, a PCPA claim need to be filed within 2 years of the alleged PCPA infraction.

When a claim can not be submitted

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 should withdraw your sent claim within 2 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 want to file a complaint about occupational health and wellness.
- 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 submit a claim

Claims are investigated in the order that they are received. The amount of time it considers a claim to be designated varies, depending upon a number of factors, including the amount of incoming claims. Anyone who submits a work requirements claim gets a verification and is designated a claim number. You will be gotten in touch with by the ministry once the claim has actually been appointed for examination.

The claims examination process can take a number of months. Most of the times, a claim is appointed to an early resolution officer (ERO) for preliminary examination. If the claim is not fixed by the ERO, the claim will then be assigned to an employment standards officer (ESO). The ESO finishes the examination, provides a written choice and takes enforcement action if necessary.

To prevent delays with processing your claim, please ensure all information is appropriate and supporting files are submitted. If you are sending a complaint, you ought to register for the claimant portal so you can visit to see where your grievance remains in the process.