AMPs Updated for Confined Spaces Rules

Summary#

These final regulations, Regulations Amending the Administrative Monetary Penalties (Canada Labour Code) Regulations (SOR/2021-142), update the AMPs schedule to match the new confined‑spaces rules. They let federal labour inspectors use administrative monetary penalties for breaches of the updated confined‑spaces provisions. The instrument was registered on June 17, 2021 and published in the Canada Gazette on July 7, 2021.

What it does#

• Replaces items 645 to 703.17 in Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations so the listed violations match the new confined‑spaces regulation wording and section numbers.
• Assigns each confined‑spaces offence to a severity class (A, B, C, D, E) so the correct baseline AMP can be calculated:
  • A — administrative kinds of requirements (records, training records).
  • C — some medium‑risk duties (certain entry‑permit record requirements).
  • D — high‑risk protections (identifying confined spaces, signage, atmospheric testing, emergency procedures, rescue equipment, continuous monitoring, etc.).
  • E — the most serious, life‑threatening duties (required instruction and training).
• Removes one exemption that allowed delaying a confined‑space assessment if the space had not been entered for three years and no entry was scheduled.
• Sets the coming‑into‑force rule: these amendments take effect when the Confined Spaces Regulations (Part XI of the Canada Occupational Health and Safety Regulations) come into force — or, if those regulations are already in force, on the day these amendments are registered.

Who's affected#

• Employers and workers in workplaces under federal jurisdiction (for example, banks, telecoms, federal transportation and shipping, Crown corporations and parts of the federal public service).
• The Labour Program and delegated enforcement officials, who will now be able to issue AMPs for the confined‑spaces violations listed in Schedule 1.
• Small businesses and other employers are not expected to face new compliance costs because no new duties are created by these AMPs‑alignment changes.

Why it matters#

• Without this update, inspectors could not issue administrative monetary penalties for breaches of the new confined‑spaces rules. That would weaken enforcement of safety measures designed to protect workers in confined spaces.
• The change does not add new obligations for employers. Instead, it clarifies which confined‑space breaches are considered more or less serious and ensures the enforcement system works as intended.