What are the penalties for breaking occupational safety rules in Canada?

Penalties are set by each jurisdiction and are high. Under federal law, an OSH offence can bring a fine of up to 1,000,000 Canadian dollars (CAD) and up to two years' imprisonment, and the regulator can also impose administrative monetary penalties of up to 250,000 CAD per violation. Ontario fines corporations up to 2,000,000 CAD, and a workplace death caused by negligence can lead to criminal charges under the Criminal Code.

Short answer

• Federal (Canada Labour Code s. 148): on indictment up to 1,000,000 CAD and/or 2 years; on summary conviction up to 100,000 CAD, or up to 1,000,000 CAD where the contravention directly caused death, serious illness or serious injury, or was wilful knowing that it was likely to do so. Administrative monetary penalties under Part IV: up to 250,000 CAD per violation, amounts set by regulation.
• Ontario (OHSA s. 66): individuals up to 500,000 CAD and/or 12 months; corporations up to 2,000,000 CAD (in force since 19 December 2024), with a minimum of 500,000 CAD for a second or later offence causing death or serious injury within two years; directors and officers who breach their own duty in s. 32 up to 1,500,000 CAD and/or 12 months.
• Alberta (OHS Act s. 48): first offence up to 500,000 CAD plus up to 30,000 CAD per day and/or 6 months; second offence up to 1,000,000 CAD plus up to 60,000 CAD per day and/or 12 months; ignoring a stop work order up to 1,000,000 CAD and/or 12 months.
• Provincial administrative penalties: Alberta officers can impose up to 10,000 CAD per contravention, and per day if it continues (OHS Act s. 44); Ontario inspectors can issue administrative penalties since 27 November 2025 (OHSA s. 69.1), with amounts set by regulation.
• Criminal Code s. 217.1: a legal duty on anyone who directs work to take reasonable steps to prevent bodily harm; breach can support charges such as criminal negligence against individuals and organisations.
• Defence: due diligence (every reasonable precaution) is a defence to most OSH offences.

All amounts are the statutory maxima in the consolidated texts checked in November 2026. Unlike the administrative fines of Türkiye's Law No. 6331, which are re-valued every year, they change only when the law is amended.

How enforcement works before a prosecution

Inspectors usually start with orders. A federal health and safety officer, acting for the Head of Compliance and Enforcement, may direct an employer to stop a contravention within a set time and prevent it from recurring, and where there is a danger, order that a place, machine or activity is not used until it is made safe (Code s. 145). Ignoring a direction is itself an offence. Provincial inspectors have equivalent powers to issue compliance orders and stop-work orders.

Prosecution follows serious cases, typically after a fatality, a serious injury or repeated non-compliance. Under the federal Code, prosecution needs the consent of the Minister or a designated person (s. 149). In Ontario, courts must treat factors such as death or serious injury, recklessness, ignoring an inspector's order and previous convictions as aggravating.

Comparison of maximum fines

Due diligence: the employer's defence

In a federal prosecution, it is a defence to prove that the person exercised due care and diligence to avoid the contravention, except for a few duties such as investigating and reporting occurrences (s. 148(4)). Courts look for evidence that the employer:

• identified the hazard and assessed it;
• had written procedures and safe work methods;
• trained workers and supervisors, with records;
• supervised and enforced the rules, including discipline;
• acted on inspections, near misses and committee recommendations.

Criminal liability

Section 217.1 of the Criminal Code makes the duty to prevent bodily harm a criminal-law duty for anyone who directs work. It was added by S.C. 2003, c. 21 (former Bill C-45, in force 31 March 2004) after the explosion at the Westray mine in Pictou County, Nova Scotia, which killed 26 miners on 9 May 1992. Sections 22.1 (offences of negligence, such as criminal negligence causing death) and 22.2 (other offences) set when an organisation is a party to an offence through its representatives and senior officers. Criminal investigations are run by the police and prosecuted by the Crown, separately from OSH prosecutions.

Related on excodex

• Occupational safety and health in Canada: law, authorities and employer duties
• What is the main occupational safety and health law in Canada and who enforces it?
• How and within what time must a workplace accident be reported in Canada?

Standards and further reading

• Canada Labour Code, R.S.C. 1985, c. L-2, ss. 145, 148, 149 and Part IV (s. 270), consolidated text current to 19 October 2026: https://laws-lois.justice.gc.ca/eng/acts/L-2/
• Ontario Occupational Health and Safety Act, R.S.O. 1990, c. O.1, ss. 66 and 69.1: https://www.ontario.ca/laws/statute/90o01
• Alberta Occupational Health and Safety Act, S.A. 2020, c. O-2.2, ss. 44 and 48 (current as of 11 June 2025): https://kings-printer.alberta.ca/documents/Acts/O02P2.pdf
• Criminal Code, R.S.C. 1985, c. C-46, ss. 22.1, 22.2 and 217.1: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-217.1.html
• Department of Justice Canada, Criminal liability for workplace deaths and injuries: https://www.justice.gc.ca/eng/rp-pr/other-autre/westray/p1.html

This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.