Regulation - LGIC
Proposed increase to administrative monetary penalties (Notice of Contravention) under Employment Standards Act, 2000 and Employment Protection for Foreign Nationals Act, 2009
Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Bill 148, Fair Workplaces, Better Jobs Act, 2017
Summary of Decision:
To support enforcement of the ESA, the financial penalties for contravening the Act have been increased. The amount of these penalties, which are called Notices of Contravention (NOC) are set out in Regulation 289/01.
The amount of the penalty related to record keeping and posting information for employees about their rights under the ESA is set at a flat rate and increases with subsequent contraventions in a three year period. They are now $350 (first contravention), $700 (second contravention), and $1500 (third contravention).
The amount of the penalty related to all other contraventions of the Act is multiplied by the number of employees affected by the contravention and also increases with subsequent contraventions in a three year period. This penalty is the amount ($350, $700 or $1500 as above), multiplied by the number of employees affected
EPFNA's O. Reg. 47/10 has changed and the penalty amounts are the same as those in the ESA's penalty regulation.
These changes are effective January 1, 2018.
The amount of the penalty related to record keeping and posting information for employees about their rights under the ESA is set at a flat rate and increases with subsequent contraventions in a three year period. They are now $350 (first contravention), $700 (second contravention), and $1500 (third contravention).
The amount of the penalty related to all other contraventions of the Act is multiplied by the number of employees affected by the contravention and also increases with subsequent contraventions in a three year period. This penalty is the amount ($350, $700 or $1500 as above), multiplied by the number of employees affected
EPFNA's O. Reg. 47/10 has changed and the penalty amounts are the same as those in the ESA's penalty regulation.
These changes are effective January 1, 2018.
Further Information:
O. Reg. 289/01: PENALTIES AND RECIPROCAL ENFORCEMENT
Proposal Number:
17-MOL009
Posting Date:
October 11, 2017
Summary of Proposal:
To support enforcement of the ESA, the Ministry of Labour is proposing that the financial penalties for contravening the Act should increase to create a greater deterrent to non-compliance. The amount of these penalties, which are called Notices of Contravention (NOC) are set out in Regulation 289/01.
The amount of the penalty related to record keeping and posting information for employees about their rights under the ESA is set at a flat rate and increases with subsequent contraventions in a three year period. The proposed amendments to the regulation would not alter this model.
The amount of the penalty related to all other contraventions of the Act is multiplied by the number of employees affected by the contravention and also increases with subsequent contraventions in a three year period. The proposed amendments to the regulation would not alter this model.
The proposed change to increase EPFNA's O. Reg. 47/10 would similarly mirror the proposed change in penalty amounts to the ESA's penalty regulation.
The amount of the penalty related to record keeping and posting information for employees about their rights under the ESA is set at a flat rate and increases with subsequent contraventions in a three year period. The proposed amendments to the regulation would not alter this model.
The amount of the penalty related to all other contraventions of the Act is multiplied by the number of employees affected by the contravention and also increases with subsequent contraventions in a three year period. The proposed amendments to the regulation would not alter this model.
The proposed change to increase EPFNA's O. Reg. 47/10 would similarly mirror the proposed change in penalty amounts to the ESA's penalty regulation.
Contact Address:
Ministry of Labour, 400 University Ave., Suite 1502, Toronto, ON, M5G 1S7
Effective Date:
January 1, 2018
Decision:
Approved