Filing a claim

In Ontario, you may 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 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 ).

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

Watch the filing a claim video to understand what to expect when filing an employment standard claim. Please note: Video is being updated to reflect a new log-in system. Check back soon for updates.

If you have already started a claim

If you have already started or filed a claim through the claimant portal, you can:

Creating a My Ontario account

If you have previously signed up for the claimant portal using a ONe-Key account, please select the sign-in / create account button and create a My Ontario account using the same email address that was used when you enrolled in the claimant portal. If you do not use the same email address, you will not be able to see any of your previously submitted claims. If you need assistance, please contact the Employment Standards Information Centre.

Watch the claimant portal video for an overview of the portal features, including how to sign-up and use the portal. Please note: Video is being updated to reflect a new log-in system. Check back soon for updates.

Internet browser requirements

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

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

PDF claim forms

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

Submit your claim by:

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:

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:

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.”

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:

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 .

Time limits for filing an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, an employment standards officer can generally issue an order for money owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.

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 and payment of travel expenses.

The PCPA applies to:

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

Filing a PCPA claim

You can file a PCPA claim if you believe workplace protections have not been provided to a child performer in Ontario. Filing a claim is free.

To file a claim, you must be either:

The child performer must not be covered by a collective agreement.

To file a claim:

  1. Download the claim form from the forms repository and save it to your computer.
  2. Open the form with Adobe Reader (download Adobe Reader for free).
  3. Fill in the form with all the required information.
  4. Select “submit by email” to submit the form.

Please only file your claim once.

After you file a claim:

Time limits to filing a PCPA claim

Generally, a PCPA claim must be filed within two years of the alleged PCPA violation.

When a claim cannot be filed

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