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Part IX: Offences and Penalties

  • Revised: March 20, 2015
  • Content last reviewed: March 2015
  • Also available in Spanish [PDF, 729 Kb / 82 pages ]

Disclaimer: This resource has been prepared to help the workplace parties understand some of their obligations under the Occupational Health and Safety Act (OHSA) and regulations. It is not legal advice. It is not intended to replace the OHSA or the regulations. For further information please see full disclaimer.

The Ministry may initiate a prosecution against any regulated person (including employers, supervisors, and workers) for a contravention of the Act or the regulations, or for failing to comply with an order of an inspector, a director or the minister [subsection 66(1)]. These prosecutions are conducted by the Ministry of the Attorney General lawyers or paralegals on behalf of the Ministry of Labour. If convicted, a court may impose a fine and/or jail term against an individual defendant. The maximum fine per charge for an individual is $25,000 and/or imprisonment for up to 12 months.

The maximum fine, which can be imposed on a corporation convicted of an offence, is $500,000 per charge [subsections 66(1) and (2)].

Court Bulletins reporting on some Occupational Health and Safety Act conviction outcomes and statistics pertaining to enforcement can be viewed on the Ministry of Labour website.

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ISBN 978-1-4606-5308-1 (HTML)
ISBN 978-1-4606-5307-4 (Print)

Disclaimer: This web resource has been prepared to assist the workplace parties in understanding some of their obligations under the Occupational Health and Safety Act (OHSA) and the regulations. It is not intended to replace the OHSA or the regulations and reference should always be made to the official version of the legislation.

It is the responsibility of the workplace parties to ensure compliance with the legislation. This web resource does not constitute legal advice. If you require assistance with respect to the interpretation of the legislation and its potential application in specific circumstances, please contact your legal counsel.

While this web resource will also be available to Ministry of Labour inspectors, they will apply and enforce the OHSA and its regulations based on the facts as they may find them in the workplace. This web resource does not affect their enforcement discretion in any way.