Administrative Monetary Penalties: Regulators "AMP-ing" Up The Pressure On Businesses

Administrative Monetary Penalties ("AMPs") are increasingly being used by Canadian regulators as sanctions for all manner of regulatory non-compliance. This bulletin explains what AMPs are and what steps you should take if faced with one.

What are AMPs?

AMPs are sanctions aimed primarily at deterring companies as well as individuals from violating legislation through financial penalties.

Instead of navigating through courts or tribunals, AMPs are imposed directly within the regulatory framework as an alternative and/or supplement to regulatory offence prosecutions. Their much faster application is the main appeal for regulators. Generally, when determining whether to impose an AMP, officers are expected to consider factors such as the nature and severity of the offence, aggravating factors, the duration of the violation, the implementation of preventative and mitigation measures, and any economic gains derived from the violation, while ensuring that the AMP