Labour Program administrative monetary penalties (AMP)

From: Employment and Social Development Canada

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What is an administrative monetary penalty

An administrative monetary penalty (AMP) is a financial deterrent to non-compliance with the:

The goal of this penalty is to:

As a part of the compliance and enforcement process, the Labour Program will focus on supporting and encouraging employers, to be compliant with the Code, through:

In general, an AMP would only be issued:

In some cases, the severity of the violation and the impact on employees may require the Labour Program to issue an AMP earlier in the compliance and enforcement process. As well, if the issuance of an AMP does not help to deter non-compliance and the violation continues to occur, the Labour Program may issue an AMP for each day on which the employer/individual:

Who may receive an administrative monetary penalty

Anyone may receive an administrative monetary penalty if they violate or fail to comply with:

This includes:

How violations and size of business are categorized for an administrative monetary penalty

The Labour Program categorizes violations under the Code based on how they affect an employee(s).

Violation category A

Related to administrative provisions in the Code, including:

The penalty amount for a type A, B, C, D or E violation will differ based on whether the employer is:

For a complete list of Part II and Part III violations, refer to Schedules 1 and 2.

Violation category B

Occupational health and safety:

Labour standards:

Violation category C

Occupational health and safety:

Labour standards:

Violation category D

Occupational health and safety:

Labour standards:

Violation category E

Related to occupational health and safety only as it relates to:

These hazards give an employee little to no opportunity to avoid or minimize severe injury or death or occupational disease.

How is an administrative monetary penalty calculated

First monetary penalty amount

The amount of the first AMP is based on:

The Labour Program refers to this amount as a ‘baseline amount’ and calculates it based on the following formula:

Second or subsequent administrative monetary penalty amount

The amount of your second or subsequent penalty is equal to the baseline amount plus 200% of the baseline amount for repeat non-compliance which includes any previous:

The Labour Program calculates this amount based on the following formula:

Requesting a review of an administrative monetary penalty

Within 30 days from the date which the notice of violation (AMP) is served, you may request in writing, a review of:

  1. the penalty
  2. the facts of the violation
  3. both 1. and 2

To do this, you must make your request to the Head of Compliance and Enforcement. Your request must contain a concise statement of the facts and grounds to support a review.

Upon completion of the review, the notice of violation could be:

The review decision could be further appealed to the Canadian Industrial Relations Board. The grounds for appeal include:

In some cases, the Labour program may refer the request for review directly to the Canadian Industrial Relations Board to be heard.

Public naming of violators

The Labour Program will publicly name violators who have received an AMP.

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