Proposal
Administrative Monetary Penalties Proposal
Regulation Number(s):
NA
Instrument Type:
Proposal
Bill or Act:
No
Summary of Proposal:
The Ministry of Consumer Services is seeking your input on a proposal to add administrative monetary penalties (AMPs) to the tools available to enforce the ministry's consumer protection and public safety statutes.
An AMP may be issued against a business or person operating in a regulated sector for failure to comply with the law. An AMP can be positioned as an intermediate penalty situated between a simple warning and prosecution or suspension of a licence or registration (where available). AMPs can be used by regulators, when working with licensees, registrants, non-licensed sectors and others, to respond quickly to infractions and provide flexibility when addressing violators. AMPs fit very well in today's modern, progressive enforcement approach.
The ministry's proposed AMPs framework would apply to some of the statutes administered by the ministry and by its administrative authorities. The resulting legislation, if passed, would allow the ministry and its administrative authorities to implement AMPs if they choose to develop an AMP policy that meet the established criteria. The ministry has engaged its administrative authorities in putting forward this proposal and has coordinated consultation with mutual stakeholders.
The attached consultation paper outlines the purpose and usage of AMPs as well as proposed design elements such as:
-Scope of AMPs
-Level of monetary penalties
-Process to review disputed AMPs
-Publishing compliance information
-Use of proceeds
The ministry welcomes feedback and encourages anyone interested to provide comments on its proposal.
An AMP may be issued against a business or person operating in a regulated sector for failure to comply with the law. An AMP can be positioned as an intermediate penalty situated between a simple warning and prosecution or suspension of a licence or registration (where available). AMPs can be used by regulators, when working with licensees, registrants, non-licensed sectors and others, to respond quickly to infractions and provide flexibility when addressing violators. AMPs fit very well in today's modern, progressive enforcement approach.
The ministry's proposed AMPs framework would apply to some of the statutes administered by the ministry and by its administrative authorities. The resulting legislation, if passed, would allow the ministry and its administrative authorities to implement AMPs if they choose to develop an AMP policy that meet the established criteria. The ministry has engaged its administrative authorities in putting forward this proposal and has coordinated consultation with mutual stakeholders.
The attached consultation paper outlines the purpose and usage of AMPs as well as proposed design elements such as:
-Scope of AMPs
-Level of monetary penalties
-Process to review disputed AMPs
-Publishing compliance information
-Use of proceeds
The ministry welcomes feedback and encourages anyone interested to provide comments on its proposal.
Further Information:
AMPs paper English
Proposal Number:
13-MCS010
Posting Date:
October 28, 2013
Comments Due Date:
December 12, 2013
Contact Address:
Ministry of Consumer Services
Consumer Policy and Liaison Branch
Consumer and Business Policy Unit
777 Bay Street, 5th Floor
Toronto, ON M7A 2J3
Attention: Jana Chu, Senior Policy Advisor
Consumer Policy and Liaison Branch
Consumer and Business Policy Unit
777 Bay Street, 5th Floor
Toronto, ON M7A 2J3
Attention: Jana Chu, Senior Policy Advisor