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Administrative Monetary Penalties for OHS Violations

Getting fined isn’t the only way that Occupational Health and Safety (OHS) offences can take money directly out of your pocket. In November 2025, Ontario became the eighth jurisdiction to enact laws allowing government officers to issue administrative monetary penalties (AMPs) for violations of OHS laws and orders. Other provinces and territories are contemplating similar AMPs laws. Here’s a quick briefing of what OHS coordinators need to know about AMPs.

What AMPs Are

OHS “Acts” of each jurisdiction list maximum fines and other penalties for violations. To impose these fines, the government must lay and a court must convict the defendant of charges via trial or guilty plea. However, AMPs don’t require a conviction. So, letting the government impose AMPs rather than seek a conviction-based fine makes OHS enforcement faster and more efficient. AMPs are typically in the four- and five-figure range, well below the maximum fine that a company would get if it was convicted of the offence. In addition, companies that pay AMPs can’t be prosecuted for the same offence (unless the offence occurs after the AMP is paid).

Where AMPs Are Issued for OHS Violations

AMPs for OHS violations are allowed in eight jurisdictions: Federal, Alberta, British Columbia (BC), Manitoba, New Brunswick, Nova Scotia, Ontario, and Yukon. AMPs have also been proposed in Northwest Territories and Nunavut.

Who Can Get Hit with AMPs

AMPs can be imposed against any person or entity that has safety duties under the OHS laws, including employers, supervisors, workers, suppliers, owners, contractors, and prime contractors/constructors.

How High AMPs Can Be

OHS laws allow government safety officers to issue AMPs within a certain range. The actual AMP imposed in a case typically depends on:

  • Who committed the violation—AMPs against workers are generally smaller than those against companies.
  • What kind of violation the person or entity committed—violations that endanger safety carry higher AMPs than violations of technical or administrative requirements.
  • Whether the person or entity has a history of violations.

British Columbia has, by far, the highest AMP maximum, currently standing at just under $800,000. BC also consistently hands out the most AMPs of any province, including six AMPs of $700,000 in 2025. At the other end of the spectrum, the maximum AMP in New Brunswick and Nova Scotia is $2,000—albeit that’s a per day rate. In Alberta, New Brunswick, Nova Scotia, and Yukon, AMP amounts can increase for each day a violation continues.

Jurisdiction AMP Ranges & Maximums
Federal $200 to $50,000
Alberta Up to $10,000 per day.
British Columbia $1,285.16 to $798,867.87
Manitoba $1,000 to $5,000
New Brunswick $100 to $2,000 per day.
Nova Scotia $100 to $2,000 per day.
Ontario To be determined by Regulation.
Yukon Up to $250,000 + up to $15,000 per day that violation continues.

How & When AMPs Are Issued

OHS officers must provide written notification of AMPs listing the AMP amount, violation committed, and other information specified in the regulations. In most jurisdictions, there’s also a statute of limitations by which the notice must be served:

Jurisdiction Period by Which Notice of AMP Must Be Served
Federal Two years after “the day on which the subject matter of the violation arises”.
Alberta Two years after the alleged violation occurs.
British Columbia Not specified.
Manitoba Not specified.
New Brunswick AMP for violating an OHS order must be served within 14 days after the date the order is served; AMP for an OHS contravention must be served within 1 year after officer first has knowledge of contravention.
Nova Scotia 14 days after OHS order allegedly violated is issued.
Ontario 1 year after officer first has knowledge of contravention.
Yukon 1 year after the last occurrence of the act or omission to which the AMP relates.

How Much Time Employers Have to Appeal AMPs

AMPs count against a company’s compliance record just the way being convicted of an OHS offence does. Thus, having a history of AMPs makes companies more likely to receive higher AMPs and/or prosecution and high fines for any subsequent violations they commit. Moreover, many provinces publish the names of companies that receive AMPs.

Result: OHS coordinators might want to urge their companies to appeal any AMPs they receive, even if the penalty amount is small. But you must act fast. The deadline to appeal an AMP is usually shorter than the deadline to appeal an OHS order:

  • 14 days after the AMP notice is served: New Brunswick.
  • 15 days after receiving the AMP notice is served: Manitoba, Ontario.
  • 21 days after receiving the AMP notice: Yukon.
  • 30 days after the AMP notice is served: Federal, Alberta, Nova Scotia.
  • 90 days after the AMP order is made: British Columbia.

Whether Due Diligence Is a Defence Against an AMP

A company that’s charged with an OHS violation can avoid conviction by showing that it exercised “due diligence,” that is, took all reasonable steps to prevent the violation and comply with the law. But AMPs can be imposed without a conviction. So, the question arises whether due diligence is also a defence against AMPs' liability for offences. British Columbia says that it is; federal OHS laws say that it’s not. The other six AMP provinces and territories don’t specifically address the issue.