Construction Compliance
What Non-Compliance Actually Costs in Canada and the U.S.
In Ontario, a single OHSA conviction can cost a corporation up to $2,000,000 — and OSHA in the U.S. charges $16,550 per serious violation, per worker exposed. There is no separate, smaller fine for an "expired certificate" or an unfilled form: those situations are prosecuted as training and documentation violations under the same regimes, which is exactly why they cost far more than people expect.
Is there a fine for an expired certificate?
Not as a line item — and that is the trap. No Canadian province and no U.S. federal schedule lists a fixed dollar amount for "worker had an expired card". Instead, the law treats a worker with lapsed required training as an untrained worker, and putting an untrained worker to work is an offence in itself: for the employer, and on multi-employer sites, often for the constructor or controlling contractor too.
That reframing changes the math. An expired Working at Heights card is not a $200 paperwork problem; it is an offence exposed to Ontario’s general penalty regime — up to $2,000,000 for a corporation on conviction. Under OSHA, missing or lapsed required training is citable as a serious violation at up to $16,550 — assessed per untrained worker exposed to the hazard, not per company.
During manual verification we regularly see how quietly this risk accumulates: certificates that look valid but expired months ago, or reissued cards whose real validity started at an earlier completion date. Every one of those, on an active site, is a live violation nobody has noticed yet.
What are the maximum fines in Ontario?
Ontario’s OHSA carries the highest corporate maximums in Canada: up to $2,000,000 per offence for corporations, up to $1,500,000 for directors and officers personally, and up to $500,000 for other individuals — each of which can also carry up to 12 months of imprisonment. Repeat offences involving death or serious injury within two years carry a $500,000 minimum for corporations.
Two enforcement details matter for day-to-day compliance. First, since 2025 inspectors can issue administrative monetary penalties directly — no court date required. Second, most convictions are not headline disasters: they are routine inspections that found untrained workers, missing records, or ignored orders. The maximums are rare; five-figure and six-figure penalties for ordinary lapses are not.
What about British Columbia and Québec?
WorkSafeBC leans on administrative penalties rather than prosecutions: the 2026 statutory maximum is $816,148, indexed each January, with the amount scaled to payroll, history, and risk — and doubled-scale exposure for high-risk or intentional violations or repeats within three years. Uncertified workers doing high-risk work is precisely the scenario the penalty policy names.
Québec’s CNESST fines look smaller per offence — up to $60,000 for a company on a first offence — but they multiply: doubled on a first repeat and tripled after that, to $300,000 per offence. And because fines apply per infraction, an uncertified crew of five is five infractions, not one.
What does OSHA charge for training and documentation violations?
OSHA’s 2026 schedule (unchanged from 2025): up to $16,550 per serious or other-than-serious violation, the same amount per day for failure to abate a cited condition, and up to $165,514 per willful or repeated violation. Missing required training and missing required records are both citable — and training citations are typically issued per untrained employee.
The compounding is what surprises employers. One crew of four without documented HazCom training, found during one inspection, can be four serious violations before the inspector looks at anything else — and a repeat finding at the next site multiplies the schedule tenfold.
How do you keep these numbers theoretical?
Every scenario above starts the same way: nobody knew a credential had lapsed until someone official asked. The defence is unglamorous — current records in one place, expiry alerts that fire weeks ahead, verification for the high-stakes certificates, and a readiness check at assignment rather than at the gate.
Weigh the numbers directly: compliance tracking for a small crew costs about $79 a month. A single OSHA serious violation equals roughly 17 years of that; one Ontario conviction at even 5% of the corporate maximum equals a century of it. The cheapest compliance program is the one that runs before the inspector arrives.
Le coût de la non-conformité
Ontario — OHSA
$2,000,000
Max fine per offence, corporations
$1,500,000
Max fine, directors & officers
$500,000
Max fine, individuals — plus up to 12 months imprisonment
An expired certificate is not a paperwork slip: a worker with lapsed required training (e.g. Working at Heights) is an untrained worker, and letting them work is an offence for both employer and constructor. Since 2025, inspectors can also issue administrative monetary penalties directly, without a prosecution.
Maximums prévus par la loi en date de 2026 · OHSA Part IX — Offences and Penalties. Les régimes et les montants varient selon la juridiction et le dossier; il s'agit d'information générale et non d'un avis juridique.
Le coût de la non-conformité
British Columbia — WorkSafeBC
$816,148
Max administrative penalty (2026, indexed annually)
2×
Multiplier available for high-risk or intentional violations
3 yrs
Repeat-violation lookback that escalates penalties
Penalties scale with payroll, violation history, and risk. Untrained or uncertified workers on high-risk work are exactly the "high risk of injury" scenario administrative penalties target.
Maximums prévus par la loi en date de 2026 · WorkSafeBC penalties. Les régimes et les montants varient selon la juridiction et le dossier; il s'agit d'information générale et non d'un avis juridique.
Le coût de la non-conformité
Québec — CNESST (LSST)
$60,000
Max per offence, first offence (companies)
$300,000
Max per offence on repeat (tripled)
$12,000
Max per offence for individuals on repeat
Fines apply per infraction and multiply on recidivism — an uncertified crew is not one violation, it is one per worker. ASP Construction attestation is the baseline site requirement.
Maximums prévus par la loi en date de 2026 · CNESST — cadre d’émission des constats d’infraction. Les régimes et les montants varient selon la juridiction et le dossier; il s'agit d'information générale et non d'un avis juridique.
Le coût de la non-conformité
United States — OSHA
$16,550
Per serious violation
$16,550
Per day, failure to abate
$165,514
Per willful or repeated violation
There is no line-item fine for an expired card: a worker with lapsed required training is an untrained worker, citable as a serious violation — per worker exposed. Missing documentation is citable per violation on the same schedule.
Maximums prévus par la loi en date de 2026 · OSHA civil penalty amounts. Les régimes et les montants varient selon la juridiction et le dossier; il s'agit d'information générale et non d'un avis juridique.
Foire aux questions
Yes. In Ontario, individuals can be fined up to $500,000 and face imprisonment under the OHSA; Québec fines individuals up to $3,000 on a first offence and $12,000 on repeat. In practice most enforcement targets employers and supervisors, but the exposure is real.
Per violation — that is the multiplier people miss. Five workers without valid required training is five violations, and OSHA training citations are issued per exposed employee. Repeat findings escalate the schedule further in every jurisdiction.
Not identically, but both are citable. Training that exists but cannot be proven is treated as non-compliant during an inspection — an unverifiable certificate is functionally the same as no certificate, which is why record-keeping is a compliance control, not clerical work.
Directly from the regulators: OSHA’s civil penalty schedule, Ontario’s OHSA Part IX, WorkSafeBC’s penalty policy, and the CNESST’s LSST framework — verified July 2026. OSHA and WorkSafeBC amounts adjust annually; we re-verify and update this page each January.
Ressources connexes
Guide
Construction Compliance for Small & Mid-Size GCs
Start here: the two layers of compliance and who asks for what.
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Working at Heights (Ontario)
The certificate behind many Ontario training convictions.
Read moreCertificate
OSHA 10
The baseline U.S. training card.
Read moreField Notes
Expired But “Looks Valid”
How lapsed certificates hide in plain sight.
Read moreField Notes
What We Actually Check
Inside the manual verification process.
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WorkSitePass Plans
Expiry alerts + verification from $79/month — 14-day free trial.
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