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Transfer Payment Agreements and monitoring

The Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009:

  • Expands coverage to all foreign nationals employed (or seeking employment) in Ontario under an immigration or foreign temporary employee program. (comes into force on November 20, 2015)

The Occupational Health and Safety Act:

  • Expands the definition of worker to include unpaid co-op students, certain other learners and trainees participating in a work placement in Ontario.

Specifically, the new definition of worker now includes:

  • Unpaid secondary school students who are participating in a work experience program, authorized by the school board that operates the school in which the students are enrolled,
  • Other unpaid learners participating in a program approved by a post-secondary institution, and,
  • Any unpaid trainees who are not employees for the purposes of the Employment Standards Act, 2000 (ESA) because they meet certain conditions.

Investigating Complaints and Claims

The Ministry of Labour receives complaints from employees against employers for alleged contraventions of the ESA, 2000 such as unpaid wages or termination pay. Ministry staff investigate these complaints and attempt to recover monies owed to the employees when contraventions are found. The Employment Standards program continues to make changes to improve and expedite the intake, investigation and decision-making processes for claims to aid in early claims resolution, improve service delivery, and shorten wait times. All claims are investigated in the order that they are received.

The following table shows the historical trend of claims investigations received and completed by the Employment Standards program.

Employment standards claims are received at a central claims processing centre in Sault Ste. Marie. Claims can be filed online 24/7, by mail or by fax. The Provincial Claims Centre (PCC) processes over 15,000 employment standards claims per year and handles over 20,000 telephone calls and thousands of documents annually. As part of the initial investigation process, claims are also investigated for possible early resolution at the PCC.