Section 20 – Complaints
Complaints - s. 20(1)
Subsection 20(1) provides that a person who wishes to file a complaint with the Ministry of Labour alleging a violation of the Employment Protection for Foreign Nationals Act, 2009 (EPFNA) must do so using a form approved by the Director of Employment Standards. This provision is substantially the same as s. 96(1) of the Employment Standards Act, 2000. For a discussion of the Program’s interpretation of s. 96(1) of the Employment Standards Act, 2000, which can be applied to this provision with necessary modifications, see ESA Part XXII, s. 96.
The EPFNA claim form may be filed online, is available for download and can be ordered through Publications Ontario.
Effect of failure to use form - s. 20(2)
This provision states that if the complaint is not filed in the approved form, then the complaint shall be deemed not to have been filed.
This provision is substantially the same as s. 96(2) of the Employment Standards Act, 2000. The Program’s interpretation of s. 96(2) of the Employment Standards Act, 2000 can be applied to this provision with the necessary modifications. See ESA Part XXII, s. 96.
When complaint not permitted - s. 20(3)
Subsection 20(3) establishes a prohibition against a person filing a complaint with the Ministry under EPFNA where the employee has previously commenced a civil proceeding in court seeking a remedy for the same matter. (Section 21 establishes the converse prohibition, i.e., the barring of a person from commencing a civil action where the person has previously filed a complaint with the Ministry under EPFNA in respect of the same matter). This provision is similar to s. 98(1) of the Employment Standards Act, 2000. The Program’s interpretation of s. 98(1) of the Employment Standards Act, 2000 can be applied to this provision with necessary modifications. See ESA Part XXII, s. 98.
Limitation period for complaint - s. 20(4)
Subsection 20(4) imposes a three and a half year limitation period on filing a complaint under EPFNA.
Same - s. 20(5)
Subsection 20(5) allows a regulation to be made that would change the general limitation period for filing a complaint, as set out in s. 20(4). It also allows for different limitation periods to be established by regulation for different classes of complaints. At the time of writing, no such regulation has been made.