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As of January 1, 2026 an administrative monetary penalty (“AMP”) framework was added to Ontario’s Occupational Health and Safety Act (“OHSA”) for the purposes of promoting further compliance with the OHSA and its regulations. These additions were introduced in the recent Working for Workers Seven Act, 2025, which received Royal Assent on November 27, 2025.
The AMP framework operates in conjunction with other enforcement mechanisms under the OHSA, such as orders, requirements, and prosecutions. It is considered a middle ground between orders / requirements and prosecutions. It is a non-Court process, like orders / requirements, but involves the payment of a financial penalty, like prosecutions. Notably, if a person pays the AMP, then that person cannot be charged with an offence under the OHSA for the same contravention or failure to comply.
Overview of Section 69.1
The newly established AMP regime grants Ministry of Labour, Immigration Training & Skills Development (“MLITSD”) inspectors the power to impose AMPs on corporations or individuals who contravene the OHSA, its regulations, or any order or requirement made by an inspector or director.
The AMP is issued by way of a notice which can be served personally, sent by mail, or by any other method if the sender can prove receipt.
An AMP cannot be issued when more than one year has passed after the contravention first came to the knowledge of the inspector.
Violation/Penalties
The contraventions and corresponding penalties where an AMP can be issued pursuant to section 69.1 are set out in the accompanying regulation O.Reg. 365/25 – Administrative Penalties (the “Regulation”). The inspector has discretion to determine the amount of the penalty if a range is prescribed.
At the time of this article’s publication, only one contravention has been prescribed in which an AMP may be issued; a contravention of section 3 of O.Reg. 364/25 – Health and Safety Management Systems and Procurement. O.Reg. 364/25 applies to the provincial government, its entities, and other public sector organizations during the construction procurement process. Section 3 states that if a construction procurement process or contract requires a health and safety management system accredited by the Chief Prevention Officer, all accredited systems by the Chief Prevention Officer must be treated as equivalent and accepted without preference. The penalty for a contravention of this section is currently the lesser of $100,000 or 10% of the value of the procurement contract.
It is likely that more contraventions will be added to the Regulation that will allow inspectors to issue AMPs to private sector employers, supervisors, and workers in Ontario.
Right of Review
Section 69.1 and the Regulation allow an individual or corporation who has been issued a notice of AMP to request a review by the Ontario Labour Relations Board (the “Board”). The Board has the power to confirm, vary, or set aside an AMP.
Should an individual or corporation wish to review an AMP, it must apply to the Board within 15 days after receipt of the notice of AMP. For the purposes of conducting its review, the Board retains the power, among other things, to order particulars, order the production of documents, and to summon witnesses to provide written or oral evidence under oath.
Importantly, payment of the AMP is not required while a review is being heard by the Board.
Publication by the MLITSD
In similar fashion to OHSA prosecutions which result in a conviction or guilty plea, the MLITSD may publish information about an AMP to the general public. Such a publication may include the name of any individual or corporate entity upon whom the AMP was imposed, the nature of the contravention or failure to comply, and the amount of the AMP.
Take-Aways
Given the proposed purpose of the AMP regime, it is likely that the Regulation will be amended to include additional contraventions that directly apply to private sector employers across Ontario.
The extent (if any) to which the protections afforded by the Charter of Rights and Freedoms apply in the AMP appeal process under the OHSA remains unclear. There is also uncertainty regarding the evidentiary or legal standard that an individual or corporate entity must meet to successfully have an AMP rescinded.
The financial consequences and reputational risks associated with an AMP can be similar to those arising from an OHSA prosecution, particularly given the MLITSD’s ability to publicly disclose AMP‑related information.
As the framework evolves and the Regulation is amended, employers should be mindful that AMPs may become an increasingly significant compliance and enforcement mechanism used by the MLITSD and its inspectors to enforce Ontario’s occupational health and safety laws.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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