Effective January 1, 2026, Ontario introduces a major enforcement change under the Occupational Health and Safety Act (OHSA): the Administrative Monetary Penalty (AMP) regime. This new system, created by Part IX.1 of the OHSA and detailed in Ontario Regulation 365/25, gives inspectors the power to impose financial penalties for non-compliance—without going to court.

Overview of the AMP System

Under section 69.1 of the OHSA, inspectors may issue an AMP when they find that a person has contravened or failed to comply with:

• A provision of the OHSA or its regulations,
• An order or requirement of an Inspector or Director, or
• An order of the Minister of Labour, Immigration, Training and Skills Development.

The stated purpose of AMPs is to promote compliance, not punish. Significantly, an employer that pays an AMP cannot be charged with an offence for the same contravention.

Notice Requirements

An AMP is issued through a Notice of Administrative Penalty (“Notice”). A Notice must be issued within one year from when the Inspector learned of the contravention.

To be valid, the Notice must include:

• The nature of the contravention
• The amount of the penalty
• The name of the person or company
• The date and time by which payment must be made
• The amount payable and how to pay
• The right to request a review of the AMP

A Notice will be considered properly served if it is delivered personally, sent by mail or sent by another method with proof of receipt.

Review of an AMP

An employer has 15...

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