The ministry may initiate a prosecution against any person for a contravention of the act or the regulations, or for failing to comply with an order or requirement of an inspector or a director, or an order from the minister (OHSA section 66). These prosecutions are conducted by the Ministry of the Attorney General lawyers or paralegals on behalf of the Ministry of Labour, Immigration, Training and Skills Development.

A person who is convicted of an offence under the OHSA may be subject to:

  • a fine of up to $2,000,000 for a corporation
  • a fine of up to $1,500,000 for directors and officers of corporations and/or up to 12 months imprisonment
  • a fine of up to $500,000 for all other persons and/or up to 12 months imprisonment

If a corporation is convicted of an offence under the OHSA for a second or subsequent offence that results in the death or serious injury of one or more workers in a two-year period, the minimum fine is $500,000.

Court Bulletins reporting on some Occupational Health and Safety Act conviction outcomes can be viewed on the Government of Ontario website.