Ontario is asking for arbitration to try to recover over $33 million in unpaid fines levied against snow plow operators in recent years for failing to adequately clear highways.
Transportation Minister Steven Del Duca said companies contracted by the government to keep highways clear of snow and ice have many ways to appeal any fines imposed by the ministry when they don't do the job properly or fast enough.
"A fine is levied in the field and it can be appealed to the region. It can then be appealed to the (ministry) headquarters, and ultimately it can go to mediation, and like any contract it can be litigated," Del Duca said Tuesday. "What I'm doing with trying to go to arbitration now is to get this resolved, have an independent third-party determine what amounts are owed, and move on with this program."
The companies would have to agree to arbitration on the outstanding fines, but Del Duca admitted they don't have to consent to the process, which would leave only one other option for the government, to sue the contractors.
But the Opposition said the contracts themselves were so poorly written by the Liberal government that the cases would likely get tossed out of court.
"I'm certain that if they do head to the courts you'll see that the (contracts) are meaningless," said Progressive Conservative transportation critic Michael Harris. "In fact, they're not worth the paper they're written on."
The province is divided into 21 sections for its road maintenance contracts, and virtually all of the contractors have been fined in each of the past three years due to poor performance standards.
The ministry levied a total of $47.24 million in fines against road maintenance contractors between 2010 and 2015, but only $13.83 million was paid.
The government says fines can be lowered or waived altogether if the contractors can prove their infractions were caused by factors outside their control, such as police closing the roads due to poor visibility. Fines can also be reduced if a contractor agrees to buy more equipment and hire more staff to fulfil its obligations.
Del Duca said the government is looking to limit the number of appeals for new road maintenance contracts, but that won't do anything to resolve the outstanding fines.
"What we're looking to do with the new contracts that will be in place is streamline the process so we can get the right fines levied at the right time and we can actually have a quicker process," he said.
The Tories said a new appeals process won't mean Ontario highways will be any better maintained than they have been in the last few years, and blamed the Liberals for making a mess of contracting out road maintenance six years ago.
"The reason we're in the position that we are is because the government tried to save a few bucks and put that ahead of safety," said Harris.