Questions about COVID-19 enforcement? We have the answers for you below.

Hello Ward 8 Neighbours,

With many rules and regulations changing weekly across the province and affecting our city, the Ward 8 office is hoping to bring some clarity to some frequently asked questions you may have.

With a tip of the hat to Licensing & By-Law Services who have provided the following, here are 15 questions you may have about recent by-laws, Provincial Order(s), and other COVID-19 related changes.

For more details, please continue reading below…

What are the rules regarding gatherings of more than 5 people?

A: There is a Provincial Order against organized gatherings of more than 5 people.

There is also a City of Hamilton Physical Distancing By-law that prohibits social gatherings of more than 5 people.  Under the By-law, not only can individuals receive fines for attending a gathering of more than 5 people but the homeowners or occupiers of private property could face fines for having a gathering of more than 5 people on their property.  These restrictions do not apply to a gathering of members of a single household or a gathering for the purpose of a funeral service that is attended by not more than 10 persons.

To report an organized gathering that is in violation of the Provincial Order or the By-law, contact the City of Hamilton at 905-546-2489 (546-CITY).

Are gatherings of more than 5 people permitted in stores?

A: Yes, the legislation is meant to prevent social gatherings, not prevent people from shopping for essential goods.

Specifically, the Provincial Order states that no person shall attend,

• An organized public event of more than 5 people, including a parade;
• A social gathering of more than 5 people; or
• A gathering of more than 5 people for the purposes of conducting religious services, rites or ceremonies.

The City’s Physical Distancing By-law makes it clear that social gatherings are not permitted on private property since many people in Hamilton are still hosting backyard events, BBQs and congregating in their front lawns or driveways.  The City’s by-law also makes it an offence for the homeowner or occupier to host such gatherings.

Can I still have a BBQ in my backyard with family and friends (more than 5 people) if we are practicing physical distancing?

A: No, social gatherings of more than 5 people who are not members of the same household are not permitted at this time.

Are fines issued immediately for groups of more than 5 people gathering and if so, what are the fines?

A: City of Hamilton By-law Officers will use a progressive enforcement approach. If they do not obtain compliance or there is a repeated offense, set fines under the Provincial Order are $750 per individual, while corporations could face fines up to $500,000.

Under the By-law, an Administrative Penalty of $500 could be issued, or a Part III Information under the Provincial Offences Act, which could lead to fines of up to $10,000 for a first conviction for an individual and up to $50,000 for a first conviction for a corporation.

What are the rules regarding physically distancing?

A: Under the City of Hamilton’s Physical Distancing by-law, it is now an offence to not physically distance yourself from other people who are not members of your household, by at least 2 meters when in a Public Space.  This includes when going for a walk, grocery shopping, or lining up for pick-ups outside of a store.

Proprietors of businesses shall also take reasonable measures to ensure compliance with physical distancing of its patrons by:

• Limiting the number of people allowed on their property;
• Ensuring that the patrons are staying 2 metres apart while on their property (i.e. putting tape on the ground to indicate 2 metres at checkout counters or in pick-up lines); and
• Ensuring that people who refuse to comply with physical distancing are promptly asked to leave their property and are reported to City of Hamilton By-law Officers by calling 905-546-2489 (546-CITY).

Proprietors who fail to take reasonable measures could get a penalty notice of $500 or higher fines under the Provincial Offences Act.

Please note Public Spaces means any outdoor or indoor space to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry.

I work in a kitchen at a restaurant and sometimes it is difficult to always be 2 metres apart from my co-workers.  Will we get a penalty notice or a fine for not physical distancing?

A: No, if you are working in a workplace that is not considered a Public Space, meaning the public is not ordinarily invited to be in that space, then the By-law does not apply and you will not be fined.  However, it is still strongly encouraged by Public Health that you stay at least 2 metres away from others and that you wash your hands frequently and cover your mouth when sneezing or coughing so as to avoid the spread of germs.

Are City parks and trails closed?

A: Most City parks and trails remain open at this time, for walking, jogging or biking only, with appropriate physical distancing and without having gatherings of more than 5 people.

People are NOT permitted to use:

• sport fields for playing sports or as a leash free dog park
• skateparks
• tennis courts
• basketball courts
• park pavilions
• picnic areas
• dog parks

People are NOT permitted to touch the playground equipment or other physical equipment (such as fitness equipment or benches) at any park.

The following locations are closed – even for walking, jogging or biking:

• Hamilton Conservation Authority conservation areas and trails
• Escarpment stairs
• Waterfront Trail
• Albion Falls
• Chedoke and King Forest Golf Courses

Violations may result in fines of $750 for failing to comply with an emergency order under the Emergency Measures Protection Act.  If you are unsure as to whether you can go to a particular park, please contact the City of Hamilton at 905-546-2489 (546-CITY)

It is strongly encouraged that people stay home except for essential trips. If going outside, people are encouraged to go for walks just within their neighborhoods and in their local parks.

Are City golf courses open to the public to use?

A:  No.  Both Chedoke and King Forest Golf Courses are closed to the public.  They are not to be used as parks or as dog parks, and are not to be used for walking.   The courses are closed to the public and it is prohibited to be on the courses in any way. Fines have already been levied on golfers.

What are the rules regarding closed parking lots and illegal parking on streets near City parks?

A: In order to reduce crowding or gathering at some City parks, several parking lots have been closed. It is prohibited to park in these parking lots. City of Hamilton Parking Enforcement Officers are actively monitoring these parking lots, and anyone found parked in a closed parking lot will be fined.

Parking enforcement for residential permits and time limits on residential streets have been relaxed until further notice to help those working from home or self-isolating. However, Parking Enforcement Officers are actively enforcing signed parking regulations on streets and neighbourhoods around parking lots that have been closed to the public, such as at trail heads, beach areas, and other areas.

Parking enforcement also continues for any matters that cause a health or safety concern, such as blocking driveways or fire hydrants.

Who can I contact if I see a workplace that is staying open in violation of the Provincial Order?

A: City of Hamilton Licensing By-law Officers are taking the lead in the enforcement of these types of Provincial Orders and complaints can be reported to 905-546-2489 (546-CITY).

How do we know if a workplace or construction site is considered essential and what do we do if we suspect they are breaching the Provincial Orders?

A: Determination of which workplaces and construction sites are essential or not-essential is made by the Province. Inquiries should go to the Provincial hotline at 1-888-444-3659.

If you strongly suspect a workplace or construction site is operating in breach of the Provincial Order, please call 905-546-2489 (546-CITY).

What if there is a concern regarding a business not following proper hygiene?

A: The City’s Public Health Inspectors are responsible for enforcing proper hygiene and public health practices at restaurants, stores, etc.  If the public suspects that a business is not following proper hygiene, such as food handling or cleaning, call the Public Health COVID-19 hotline at 905-974-9848 or email phscovid19@hamilton.ca  Although Public Health is handling a high volume of calls, they will make every effort to respond to these incidents.

How do you report suspected price gouging by a business?

A: Suspected price gouging can be reported through the Provincial hotline at 1-800-889-9768.

If there are people who have returned from travel that are not self-isolating, how is this reported?

A: Failure to self-isolate is an offence under the Quarantine Act of Canada.  Enforcement is the responsibility of Federal Quarantine Officers.  All questions and concerns can be directed to the Central Notification System at the Public Health Agency or Canada at phac.cns-snc.aspc@canada.ca.  Alternatively, individuals can call the toll-free Service Canada Confidential Tips Line at 1-866-602-9448.

If there are people who have tested positive for COVID-19 who are not doing the mandatory quarantine who can I report this to? 

A: A person who has an active case of COVID-19 that is not adhering to isolation protocols can be reported to the Public Health COVID-19 hotline at 905-974-9848 or by emailing phscovid19@hamilton.ca

Questions or concerns

If you have any questions or concerns, you can contact our office here.