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 needs.
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 the government.
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.