Earlier this year, the Ontario Ministry of Consumer Services
("Ministry") announced in a consultation paper ("Consultation
Paper") that it was seeking public input on the broader use of
administrative monetary penalties ("AMPs"). As outlined
in the Consultation Paper, the Ministry is contemplating giving
regulators overseen by the Ministry (a list of the relevant
regulators and the corresponding statute(s) they administer is
provided in Appendix B of the Consultation Paper) the option of
pursuing a tailored use of AMPs to better suit their enforcement
However, prior to being permitted to use AMPS, a regulator would
have to develop an AMP policy specifying which situations might be
subject to an AMP and how AMPs would be applied based on
consultations with stakeholders in its sector. Once such a policy
has been finalized, legislation would be proposed for adoption by
Although the period to provide comments on the Ministry's
proposal to expand the use of AMPs is now closed, interested
parties should keep a keen eye on the progress of the matter as if
the initiative proceeds, regulators may shortly begin consultations
in order to prepare their AMP policies.
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