OTA calls for stronger safeguards in proposed MTO administrative penalties

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The Ontario Trucking Association (OTA) is urging the Ontario Ministry of Transportation (MTO) to clarify how a proposed administrative monetary penalty (AMP) regime would work, warning it must include clear rules and strong safeguards to improve compliance outcomes.

The proposal, posted to Ontario’s Regulatory Registry, would allow AMPs to be issued for non-compliance across several commercial vehicle oversight programs, including towing oversight, facility audits, Commercial Vehicle Operator’s Registration (CVOR) program oversight, beginner driver education, commercial driver training, DriveON vehicle inspection center oversight, and certain on-road enforcement charges.

OTA said AMPs could help address mid-range compliance issues where enforcement options are currently limited, but cautioned that the framework needs significantly more detail.

“MTO needs to clearly explain how AMPs will be operationalized, including how penalty values will be determined and applied consistently across the province,” said Stephen Laskowski, president and CEO of OTA, in a release. “AMPs can help address compliance gaps, but they must not become an administrative step that delays decisive action when severe penalties are warranted for chronic noncompliance.”

The ministry is also proposing to publicly post information about companies that receive penalties, including the regulated entity’s name, the nature of the offence, the penalty amount, payment status, dispute status, and certificate or permission status.

OTA warned that if penalties are set too low, they could simply become a “cost of doing business” for repeat offenders. The association also cautioned that adding another mid-range enforcement step could slow the province’s progressive discipline process if it delays suspensions, cancellations, or other serious sanctions.

The association says the proposal should address three key issues: providing clearer details on how penalties will be calculated and applied; ensuring AMPs do not delay enforcement against chronic violators; and setting penalty amounts high enough to drive meaningful behavioural change.

OTA says its board of directors is expected to develop a formal position on the proposal at its next meeting.

The ministry is currently accepting public comments through the Regulatory Registry posting.

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