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Questions about Notices of Contravention (ESA and EPFNA)

What exactly does this provision do?

The increased penalty amounts for Notices of Contraventions (NOCs) are $350, $700, and $1,500 respectively as of January 1, 2018.

The changes to the ESA in the Fair Workplaces, Better Jobs Act enable future changes to the NOC system to be made by regulation. This enabling provision is very broad and could result in significant changes to NOCs at a later date.

The act also contains publishing authority, permitting the Employment Standards Program to publish, on our website, any NOCs that are issued, in much the same fashion as we currently do for Part I Convictions. This information will include the name of the business or individual as well as the description of the contravention, the date of contravention and the penalty amount.

Why is this significant?

The ability to make future changes to the NOC system through regulation will enable us to customise this enforcement tool to meet the needs of the program and act as a more effective deterrent once we have had an opportunity to analyse the effectiveness of our current NOCs to see what changes would benefit the program most.

In the meantime, the increase in penalty amounts and publishing of NOC information publicly will increase the effectiveness of NOCs as a deterrent.

How is the new provision different from the existing provisions in the Employment Standards Act, 2000?

Penalty Amounts Have Changed:

  Old penalty New penalty
1st Contravention $250 $350
2nd Contravention $500 $700
3rd + Contravention $1,000 $1,500

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