Filing a claim

In Ontario, you may file a claim with the Ministry of Labour, 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 violated.

If you’ve lost your job, please visit Employment Ontario to learn how they can help you get training, build skills or find a new job.

Filing a claim

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 an ESA or EPFNA claim

Watch the filing a claim video to understand what to expect when filing an employment standard claim.

If you have already started or filed a claim and enrolled with a ONe-Key account, sign in to the claimant portal.

Sign in

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

Internet browser requirements

To file a claim online using e-claim or to access the claimant portal you should use:

• Chrome
• Firefox
• Microsoft Edge
• Safari

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

PDF claim form

You can also file an ESA or EPFNA claim using the PDF claim form.

Submit your claim by:

• fax to 1-888-252-4684 or:
• mail to:

  Provincial Claims Centre
  Ministry of Labour, Training and Skills Development
  70 Foster Drive, Suite 410
  Roberta Bondar Place
  Sault Ste. Marie, Ontario
  P6A 6V4.

Employment Standards Act claims

Most employees working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some employees who are covered by the ESA have special rules and/or exemptions that may apply to them.

A claim may 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 correct rate of pay and/or public holiday pay, vacation pay or other wages they are entitled to under the ESA.
• Not providing an employee with time off for an entitled leave of absence under the ESA or penalizing an employee for taking such a leave.
• Not providing an employee with wage statements or other required documents.

For more information, visit Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.

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

• an employment contract
• collective agreement
• the common law
• other legislation

If you have questions about your entitlements, you may wish to contact a lawyer. 

Time limits for filing an ESA claim

There are time limits that apply to filing an ESA claim. Generally, you must file a claim within two years of the alleged ESA violation. This two-year time limit is referred to as the “limitation period”. If you file a claim within the two-year limit an employment standards officer will investigate the claim.

Similarly, if your employer owes you wages, the wages must have been owed to you in the two years before your claim was filed for the wages to be recoverable under the ESA. This two-year period is referred to as the “recovery period”.

Temporary pause on limitation period as a result of COVID-19covid 19

From March 16, 2020 to September 13, 2020 Ontario Regulation 73/20 suspended limitation periods in legislation such as the ESA. This period is referred to as the “suspension period.

Time during the suspension period does not count towards the two-year limitation period for filing your claim. This means that if your original limitation period would have ended during or after the suspension period, it has been extended and you have more time from the date of the alleged violation to file your claim.

Temporary pause on recovery period as a result of COVID-19covid 19

From March 16, 2020 to September 13, 2020, Ontario Regulation 73/20 also suspended the ESA recovery periods. This period is referred to as the “suspension period”.

Time during the suspension period does not count towards the two-year limit for recovery periods. This means that if any part of the original recovery period overlaps with the suspension period, the recovery period has been extended and an employment standards officer may issue an order to pay for any unpaid wages that may be owed to you for a longer time period.

Employment Protection for Foreign Nationals Act claims

A claim may be made when you believe your employer or a recruiter has violated your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking work in Ontario through an immigration or foreign temporary employee program. For example, if you are working or looking for work 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 violations include:

• a recruiter charging you any fees
• an employer charging you for hiring costs (with limited exceptions)
• a recruiter or employer holding onto your property (such as a passport)
• a recruiter or employer punishing you for asking 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 wages owed, you may be able to file a claim under the ESA.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides certain workplace protections to child performers who are under 18 years of age working in the live and recorded entertainment industries.

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

The PCPA applies to:

• child performers
• their parents
• their guardians
• employers

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

Learn more about your rights under the PCPA in the Child Performers Guideline.

File a PCPA claim

When a claim cannot be filed

Generally, these are the situations when a claim cannot be filed:

• You have taken court action against your employer for the same issue.
• You are represented by a union and covered by a collective agreement.
• This claim form 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 safety.
• You want to file a human rights complaint under the Human Rights Code.
• You want to file a claim with the Workplace Safety and Insurance Board (WSIB).

If you need assistance

Employees can phone the Employment Standards Information Centre for assistance in identifying and defining issues under the ESA, EPFNA and PCPA and finding ways to resolve them. Contact the Employment Standards Information Centre at:

• 416-326-7160
• toll free in Ontario:1-800-531-5551
• TTY (for hearing impaired): 1-866-567-8893