A PYMNTS Company

The Constitutionality of Administrative Monetary Penalties Under the Competition Act: Is Rowan a Full Answer?

By  |  September 25, 2012

John A. Campion & Antonio Di Domenico (Fasken Martineau) ask The Constitutionality of Administrative Monetary Penalties Under the Competition Act: Is Rowan a Full Answer?

    Get the Full Story

    Complete the form to unlock this article and enjoy unlimited free access to all PYMNTS content — no additional logins required.

    yesSubscribe to our daily newsletter, PYMNTS Today.

    By completing this form, you agree to receive marketing communications from PYMNTS and to the sharing of your information with our sponsor, if applicable, in accordance with our Privacy Policy and Terms and Conditions.

    ABSTRACT: Administrative Monetary Penalties (“AMPs”) are monetary penalties where payment is ordered by a decision maker acting under a statutory power. AMPs are popular among regulators, including the Commissioner of Competition, because they fill the gap between true administrative remedies and criminal sanctions. They allow regulators to collect considerable sums without having to prove their cases on the “beyond a reasonable doubt” criminal standard. However, some AMPs are so large that they arguably amount to penal sanctions, triggering constitutional protections under the Canadian Charter of Freedoms.