The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
Affleck Greene McMurtry LLP
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Raising the AMPerage

The Spread of Administrative Monetary Penalties in Canada

AMPs have become widespread in administrative schemes in Canada because they fill a gap between traditional administrative and criminal enforcement tools. This paper explores the rationales that are behind the spread of AMPs in Canadian law. It outlines a number of AMP schemes in federal and provincial legislation. Finally, it discusses three issues that commonly arise in AMP proceedings: the availability of a due diligence defence, whether AMP provisions apply retrospectively, and interpretive difficulties raised by the novelty of language used in AMP provisions. [more] Full article