Administrative Penalty Regulation

Administrative Penalty Regulation, M.R. 89/2014 The Workplace Safety and Health Act , C.C.S.M. c. W210 Regulation 89/2014 Registered March 14, 2014 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Notice of administrative penalty 3 Prescribed provisions 4 Administrative penalty amounts 4.1 Application 5 Repeal 6 Coming into force Schedule Definitions 1 The following definitions apply in this regulation. "Act" means The Workplace Safety and Health Act . («  Loi  ») "control measure" means (a) the use, or prohibition of the use, of any tool, equipment, material, machine, or device; (b) the use of personal protective equipment or protective clothing; (c) the design or modification, maintenance, replacement or elimination of any tool, equipment, machine, device, or industrial unit; (d) the design or modification of a workplace; (e) the development, implementation, modification or prohibition of any operation or process including an industrial or manufacturing process; (f) the implementation, use or modification of a system or engineering control; or (g) the supervision and training of workers respecting any work activity, process, practice or procedure. (« mesure de protection ») M.R. 42/2026 Notice of administrative penalty 2 A notice of an administrative penalty must be in a form approved by the director and include the following: (a) a description of the order or activity that caused the administrative penalty to be imposed; (b) if the administrative penalty relates to an improvement order, whether a control measure was required; (c) the authority in the Act for imposing the administrative penalty; (d) whether it is the person's first, second, third or subsequent administrative penalty. Prescribed provisions 3(1) The following are the prescribed provisions of the Workplace Safety and Health Regulation , Manitoba Regulation 217/2006, for the purpose of subclauses 53.1(1)⁠(a)⁠(ii) and (2)⁠(a)⁠(ii) of the Act: (a) section 14.3 (guardrails); (b) section 14.6 (fall protection systems); (c) subsection 25.4(1) (notice to electrical authority re work near overhead electrical line); (d) section 26.4 (notice to the branch of an excavation); (e) subsection 26.6(1) (notice to owners of underground facilities of an excavation); (f) section 26.15 (support structure in open excavation); (g) section 26.16 (support structure in trench); (h) section 26.16.1 (support for structure adjacent to excavation); (i) section 26.20 (immediate support structure when earth exposed); (j) section 26.28 (support structure for deep foundation excavations); (k) section 26.33 (support structure for shaft or tunnel); (l) subsection 28.22(1) (notice to the branch re suspended work platform use); (m) subsection 37.9(1) (alteration, renovation or demolition re asbestos-containing material); (n) subsection 37.9(2) (notice to the branch re alteration, renovation or demolition that may release asbestos-containing material). 3(2) The following are the prescribed provisions of the Operation of Mines Regulation , Manitoba Regulation 212/2011, for the purpose of subclauses 53.1(1)⁠(a)⁠(ii) and (2)⁠(a)⁠(ii) of the Act: (a) section 4.7 (fall protection systems); (b) section 12.6 (fall protection at open pit or quarry); (c) section 18.4 (guardrails). M.R. 109/2025 Administrative penalty amounts 4 The amount of the administrative penalty is to be determined in accordance with the table in the Schedule to this regulation. M.R. 42/2026 Application 4.1 In determining whether an administrative penalty is a person's first, second, third or subsequent administrative penalty for the purpose of the table in the Schedule to this regulation, the following rules apply: 1. If the administrative penalty is issued to a person who was not issued an administrative penalty for the same contravention in the immediately preceding three years, the administrative penalty is a first administrative penalty. 2. If the administrative penalty is issued to a person who was issued a first administrative penalty — as determined under rule 1 — for the same contravention in the immediately preceding three years, the administrative penalty is a second administrative penalty. 3. If the administrative penalty is issued to a person who was issued a second administrative penalty — as determined under rule 2 — for the same contravention in the immediately preceding three years, the administrative penalty is a third administrative penalty. 4. If the administrative penalty is issued to a person who was issued a third administrative penalty — as determined under rule 3 — for the same contravention in the immediately preceding three years, the administrative penalty is a subsequent administrative penalty. M.R. 42/2026 Repeal 5 The Administrative Penalty Regulation , Manitoba Regulation 62/2003, is repealed. Coming into force 6 This regulation comes into force on the same day that The Workplace Safety and Health Amendment Act , S.M. 2013, c. 9, comes into force. SCHEDULE (Section 4) AMOUNT OF ADMINISTRATIVE PENALTY Administrative Penalty First Administrative Penalty Second Administrative Penalty Third or Subsequent Administrative Penalty 1 Failing to comply or maintain compliance with an improvement order that required a control measure. $2,500 $5,000 $5,000 2 Failing to comply or maintain compliance with an improvement order that did not require a control measure. $1,000 $3,000 $5,000 2.1 Failing to notify the branch of a serious incident or provide the required information respecting a serious incident. $1,000 $3,000 $5,000 3 Resuming an activity that previously was the subject of a stop work order but was discontinued because the person had complied with it. $2,500 $5,000 $5,000 4 Being ordered to take action under section 42.1 of the Act because the person took a reprisal against a worker. $1,000 $3,000 $5,000 5 Failing to comply with one of the following prescribed provisions of the Operation of Mines Regulation : $2,500 $5,000 $5,000 (a) s. 4.7 (fall protection systems), (b) s. 12.6 (fall protection at open pit or quarry), (c) s. 18.4 (guardrails). 6 Failing to comply with one of the following prescribed provisions of the Workplace Safety and Health Regulation : $1,000 $3,000 $5,000 (a) s. 25.4(1) (notice to electrical authority re work near overhead electrical line), (b) s. 26.4 (notice to the branch of an excavation), (c) s. 26.6(1) (notice to owners of underground facilities of an excavation), (d) s. 28.22(1) (notice to the branch re suspended work platform use), (e) s. 37.9(2) (notice to the branch re alteration, renovation or demolition that may release asbestos-containing material). 7 Failing to comply with one of the following prescribed provisions of the Workplace Safety and Health Regulation : $2,500 $5,000 $5,000 (a) s. 14.3 (guardrails), (b) s. 14.6 (fall protection systems), (c) s. 26.15 (support structure in open excavation), (d) s. 26.16 (support structure in trench), (e) s. 26.16.1 (support for structure adjacent to excavation), (f) s. 26.20 (immediate support structure when earth exposed), (g) s. 26.28 (support structure for deep foundation excavations), (h) s. 26.33 (support structure for shaft or tunnel), (i) s. 37.9(1) (alteration, renovation or demolition re asbestos-containing material).