Labour Program administrative monetary penalties (AMP)

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What is an administrative monetary penalty (AMP)

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, or the re-occurrence of the violation, 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 AMP

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 AMP

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:

Violation category B

Occupational health and safety:

  • related to low-risk hazards that may result in a minor injury or illness that requires medical treatment but that do not result in disabling injuries

Labour standards:

  • related to calculations and payment of wages

Violation category C

Occupational health and safety:

  • related to medium-risk hazards that may result in:
    • a serious injury, or
    • an illness that prevents an employee from effectively performing their regular work duties

Labour standards:

  • related to leave or other standards which could have an impact on:
    • financial security, or
    • health and safety of an individual or group of individuals

Violation category D

Occupational health and safety:

  • related to high-risk hazards that may result in serious injury or fatality

Labour standards:

  • related to the employment and protection of employees under 18 years of age

Violation category E

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

  • immediate life-threatening hazards, or
  • hazards known to cause latent occupational disease

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

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

Size of business

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

How an AMP is calculated

First AMP amount

The amount of the first AMP is based on:

  • the type of violation(s), and
  • the size of your business

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

  • violation(s) + business size = baseline amount (first monetary penalty)

Second or subsequent AMP 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:

  • monetary penalty for same or higher classification of violation
  • prosecution, or
  • injunction

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

  • Violation(s) + business size = baseline amount
  • Baseline amount + 2 x baseline amount = Second (and subsequent) monetary penalty

Requesting a review of an AMP

Within 30 days from the date on 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 (the Head). Your request must contain a concise statement of the facts and grounds to support a review.

When you request a review, the requirement to pay the administrative monetary penalty (AMP) is put on hold until the review is completed. For more information, consult Cancellation of review.

In exceptional circumstances, you may be allowed to make a request for review in more than 30 days after you were served with the notice of violation.

Request for a review of an AMP filed outside the 30-day period

The Head will consider requests for reviews made after the 30-day period on a case-by-case basis. The Head will grant the request only if you meet all of the following conditions:

If your request does not meet the above conditions, the Head will not review it. The Head’s decision to not review your request cannot be appealed to the Canada Industrial Relations Board (Board).

Reason and supporting evidence to request a review of an AMP outside the 30-day period

Examples of “good reasons” and proof are:

Make the request for a review as soon as possible

You must make the request for review as soon as possible. For example, if you were outside the country 2 months after the 30-day period to request a review, you must submit the request as soon as you return.

Request for a review of an AMP may be treated as an appeal

The Head may decide whether to treat your request for review as:

If the Head treats the request as an appeal, they will refer the matter to the Board. If the Head treats the request as a review, the Labour Program will conduct the review.

Cancellation of a request for a review of an AMP

The Labour Program will cancel a request for review if you:

Following a Labour Program review decision of the AMP

Once a decision on the review is made, you will be notified in writing. If the decision is related to an occupational health and safety matter (Part II of the Code), you must, without delay, give a copy of the decision to the workplace committee or health and safety representative.

If the decision states that:

Note that if you do not pay the full amount of the penalty or do not request an appeal, you will be considered to have committed the violation. You will be liable to pay the penalty amount set out in the decision letter. You may also be publicly named on the Labour Program Website.

A penalty constitutes a debt to Her Majesty in right of Canada. Failure to pay the amount may result in collection action by the Canada Revenue Agency.

Public naming of employers

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

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