Ontario just handed its workplace safety inspectors a new weapon — and most employers haven't noticed yet.
As of January 1, 2026, the Administrative Monetary Penalty (AMP) regime under the Occupational Health and Safety Act is live. Introduced through Bill 30 — the Working for Workers Seven Act, 2025 — this is the most significant shift in Ontario workplace enforcement in over a decade. For employers managing harassment complaints and workplace investigations, the implications are immediate.
What Changed: AMPs Replace the "Prosecute or Nothing" Model
Before 2026, Ontario's OHSA enforcement operated on a binary model: inspectors could issue orders or recommend prosecution. Prosecution is slow, expensive for the Ministry, and reserved for the most egregious violations. The result? Many non-compliant employers faced no financial consequences at all.
Administrative Monetary Penalties change that equation entirely. Under the new Part IX.1 of the OHSA and O. Reg. 365/25, inspectors can now impose financial penalties directly — no court required. The penalty is issued, the clock starts, and payment is due within 30 to 45 days depending on the circumstances.
This isn't punitive in theory. The stated purpose is to "promote compliance." But the practical effect is that inspectors now have a fast, low-friction tool to penalize employers who cut corners on workplace safety obligations — including harassment prevention and investigation requirements under OHSA.
Who Can Be Penalized — and How
AMPs can be levied against any "person" under the OHSA. That includes employers, supervisors, workers, and critically, directors and officers who authorize or permit non-compliance. If your organization has been brushing off harassment complaints or running inadequate investigations, the personal liability exposure just expanded.
Key mechanics employers need to understand:
Payment timelines are tight. If the AMP follows an inspector's order, payment is due within 30 days after the appeal period expires. For other penalties, 45 days from service. Miss the deadline, and you're in enforcement territory.
Double jeopardy protection exists — but cuts both ways. Once you pay an AMP, you can't be prosecuted for the same contravention. That sounds like a benefit, but it also means the Ministry can levy penalties quickly without worrying about prejudicing future prosecution.
Public naming is on the table. The Ministry may publish the names of penalized employers, the nature of the contravention, and the penalty amount. For mid-market companies competing for talent, the reputational cost may exceed the financial penalty.
Review is available but not automatic. Section 69.1(8) allows parties to request a review through the Ontario Labour Relations Board. But the burden is on the employer to act within the prescribed window.
Why This Matters for Workplace Harassment Investigations
Here's where this intersects directly with how Ontario employers handle harassment complaints.
OHSA Section 32.0.7 already requires employers to investigate incidents and complaints of workplace harassment — including sexual harassment — through an investigation "appropriate in the circumstances." That obligation has been law since 2010 under Bill 168, and was strengthened by Bill 132 in 2016.
What's new is the enforcement velocity. An inspector who finds an employer failed to conduct a proper investigation, didn't maintain a harassment policy, or neglected to train employees on that policy, now has a streamlined path to financial consequences. No more waiting for prosecution. No more "we'll get to it."
The Hicks Morley analysis of the AMP regime highlights that while the current prescribed violations are narrow (limited to O. Reg. 364/25 procurement requirements), the legislative framework is built for expansion. The Ministry can add new prescribed violations through regulation at any time — no legislative amendment required. Workplace harassment investigation failures are a prime candidate for future AMP eligibility.
What Ontario Employers Should Do Now
The smart move is to get ahead of enforcement rather than react to it. Here's your action list:
1. Audit your harassment policy and program. Under OHSA, employers must have a written workplace harassment policy (if they have more than five employees) and a program to implement it. When was yours last reviewed? Does it reflect current legal standards, including Bill 132's expanded definition of workplace harassment?
2. Review your investigation process. The OHSA requires investigations "appropriate in the circumstances." That means documented procedures, qualified investigators, and written outcomes communicated to complainants. If your current process is informal or undocumented, it won't survive inspector scrutiny. For a detailed breakdown, see our guide to employer obligations under OHSA Section 32.0.7.
3. Train your people — and document it. OHSA requires employers to provide information and instruction on the workplace harassment policy and program to every worker. Training must be documented. If you can't produce records showing who was trained and when, you're exposed.
4. Ensure investigation outcomes are communicated. Recent HRTO and OLRB decisions — including Bidwai v. Ontario Teachers' Pension Plan Board — have reinforced that employers must communicate investigation results to complainants. Silence after an investigation is itself a compliance failure.
5. Consider external investigation capacity. Internal investigations face inherent bias concerns, especially in smaller organizations. Having a relationship with an external investigator before you need one isn't a luxury — it's risk management.
The Bottom Line
Ontario's AMP regime is a signal. The province is moving toward faster, more accessible enforcement of workplace safety obligations. Employers who treat harassment investigations as a formality — or worse, ignore them entirely — now face a more immediate path to financial penalties and public exposure.
The question isn't whether AMPs will be applied to harassment investigation failures. It's when.
1205 Consulting provides independent workplace investigations and HR compliance support for Ontario employers. If your organization needs to review its harassment policies, investigation procedures, or training programs, contact us for a confidential consultation.