COVID crackdown at businesses

Eighty-three warnings, five fines issued in last week’s regionwide inspection blitz

Ontario’s multi-ministry Reopening Ontario Act enforcement team has been cracking down on Niagara businesses blatantly flouting COVID-19 restrictions.

Provincial offences officers were in the region from Nov. 18 to 20 and visited 404 locations, said Ministry of Labour, Training and Skills Development spokesperson Ciara Nardelli.

She said the officers issued 83 formal warnings, while tickets for ROA violations were handed out to five businesses in Niagara Falls and St. Catharines. Nardelli did not identify those businesses.

Niagara Region spokesperson Andrew Korchok, however, said regional bylaw enforcement officers flagged several of the businesses the provincial officers inspected, including The Ridge Film House in Fort Erie.

The theatre caught the attention of local bylaw enforcement officers after it posted a notice on its website saying: “Due to the new government mandates we have decided that the theatre will no longer be open to the public but will operate as a private association.”

According to the website, the theatre — whose owners did not respond to interview requests — is asking prospective members to pay $1 and sign a membership agreement declaring they are not working in a public capacity, they are using the theatre at their own risk and “will not seek liability toward the theatre owners or any other members.”

Niagara’s acting medical officer of health Dr. Mustafa Hirji said trying to circumvent the legislation by becoming a membership-only organization “does not exempt you from the requirements of the Reopening Ontario Act,” such as checking patrons for proof of vaccination, or requiring masks.

“There’s no exception, if you’re membership-only versus open to the public at large,” he said.

“If a place is trying to do that to get around the rules, it’s not going to work.”

Regional bylaw officers also investigated an incident at the Pen Centre food court last week, after a group of unmasked people entered the area and were permitted to stay despite refusing to show proof of vaccination.

Korchok, however, said no action was taken against the mall as a result of the incident.

Instead, he said, the Region is continuing “constructive dialogue with the Pen Centre and are supporting them to make sure they have the information and tools they need to consistently enforce the Reopening Ontario Act.”

Although enforcement efforts apply to businesses, Korchok said the legislation does not allow the Region to take action against the individuals who refused to provide proof of vaccination.

Hirji said the overwhelming majority of business owners are compliant with the legislation.

“It’s really just a few bad apple exceptions that are trying to circumvent them.”

Nardelli said while all businesses are expected to follow health and safety requirements, the primary purpose of inspections is to “raise awareness of the COVID-19 safety requirements under the Reopening Ontario Act.”

“The goal of these visits is to help workers and the public stay safe, and to keep businesses open,” she said in an email. “The most frequent ROA contraventions found were in relation to screening, safety plans, and eye protection not being worn by workers when working within two metres of an unmasked person when no barrier separated them.”

Nardelli said the multi-ministry team working with local bylaw enforcement, public health and police, has issued 101 tickets across the province since Sept. 22.