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Maximum OHS Penalties by Jurisdiction

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While penalty amounts vary, most jurisdictions use the same basic structure:

  • Initial penalty;
  • Additional penalty for each day the offence continues; and
  • In some jurisdictions, increased penalties for second and subsequent offences.

 

Penalty amounts may also be based on other factors, including:

  • The type of offence committed; and/or
  • Who committed it, e.g., a corporation vs. an individual.

 

In addition to these OHS penalties that are handed down by a court, many jurisdictions allow OHS officers to issue administrative monetary penalties (AMPs), i.e., smaller fines handed out by an OHS inspector that don’t require a court action. Here’s a visual summary of how this all works.

OHS Maximum Penalties by Jurisdiction

Jur. First Offence Second (& Subsequent) Offence Other
FED
Type of Offence

Indict.

Conv.

(1)

 Summary

Conv.

(1)

general

$1 million

+/or

2 years

 $100K
death or injury

$1 million

+/or

2 years

 $1 million
willful knowing it will cause risk of death or injury

$1 million

+/or

2 years

 $1 million
Treated same as first offences (2) NA
AB
Type of Offence Max. Penalty
general $500K + $30K per day for as long as offence continues +/or 6 months
Disobeying stop order $1 mil + $60K per day for as long as offence continues +/or 12 months
Knowingly making false statement to OHS officer $1K +/or 6 months imprisonment
General offence: $1 million + $60K per day for as long as offence continues +/or 12 months

*Creative sentencing

*AMPs of up to $10K per offence + $10K per day for as long as offence continues
BC

$707,352.32 + $35,367.65 per day for as long as offence continues +/or

6 months imprisonment

$1,414,704.73 + $70,735.24 per day for as long as offence continues +/or

12 months imprisonment

*Repayment of monetary benefits of offence

*AMPs of up to $1,039.72 per offence
MB

$250K + $25K per day for as long as offence continues +/or

6 months imprisonment

$500K + $50K per day for as long as offence continues +/or

6 months imprisonment

*Creative sentencing

*AMPs of up to $5K per offence
NB

$250K +/or

6 months imprisonment

 Treated same as first offences(2) Court can treat each day offence continues as a new offence
NL
Type of Offender Max. Penalty
Individual $500 to $250K + $25K per day for as long as offence continues +/or 12 months
Corporation $2K to $250K + $25K per day for as long as offence continues
Treated same as first offences(2)

*Corporate directors liable for offences of corporation

*Creative sentencing
NS
Type of Offence Max. Penalty
General $250K + $25K per day for as long as offence continues +/or 2 years
Fatality involved $500K + $25K per day for as long as offence continues +/or 2 years
Type of Offence Max. Penalty
General $500K + $25K per day for as long as offence continues +/or 2 years
Fatality involved $500K + $25K per day for as long as offence continues +/or 2 years

*Repayment of monetary benefits of offence

*AMPs of up to $500 per offence, $1K for second offence + $2K for third or subsequent offences
ON
Type of Offender Max. Penalty
Individual $100K +/or 12 months
Corporation $1.5 million
Treated same as first offences(2)
PEI $250K + $5K per day for as long as offence continues +/or 1 month imprisonment Treated same as first offences(2) Creative sentencing
QC
Type of Offender Max. Penalty(3)
Individual $1.5K to $3K
Corporation $15K to $60K
Type of Offender Max. Penalty(3)
Individual

*2d offence: $3K to $6K

*3d + subs.: $6K to $12K
Corporation

2d offence: $30K to $150K

3d + subs: $60K to $300K
Creative sentencing
SK
Type of Offender Max. Penalty(4)
Individual $500K
Corporation $1.5 million
Treated same as first offences(2) Creative sentencing
NWT + NU
Type of Offender Max. Penalty
Employer, Supervisor $500K +/or 1 year
Worker $50K +/or 6 months
Supplier $500K +/or 1 year
Treated same as first offences(2)
YK
Type of Offence Max. Penalty
General $150K + $15K per day for as long as offence continues +/or 12 months
Disobey stop work order $250K + $20K per day for as long as offence continues +/or 24 months
Disobey other kind of order $200K + $17.5K per day for as long as offence continues +/or 18 months
Knowingly make false statement to OHS officer $5K +/or 12 months
Type of Offence Max. Penalty
General $300K + $30K per day for as long as offence continues +/or 24 months
Disobey stop work order $400K + $30K per day for as long as offence continues +/or 36 months
Disobey other kind of order $350K + $27.5K per day for as long as offence continues +/or 30 months
AMPs of up to $5K per offence + $500 per day for as long as AMP offence continues

 

Notes:
(1) Because summary convictions are considered less serious and don’t require a court proceeding the way indictment offences do, they involve lower penalties
(2) Even though there’s no separate maximum fine schedule for repeat offences, the fact that the defendant is a repeat offender is a factor typically resulting in a higher penalty
(3) In Québec, there are slightly different fine ranges based on the seriousness of the offence—the listed data show the highest range
(4) Sask’s fine rules are Canada’s most complex—the listed data shows the highest fine range for both individuals and corporations