FAQ about Enforcement
As the COVID-19 situation in Hamilton continues to evolve, these FAQ will be regularly updated as circumstances change to provide residents with current information on how the City of Hamilton is enforcing the Provincial Orders under the Emergency Measures and Civil Protection Act (EMCPA).
|Charges under EMCPA||Charges|
|Non-essential / Essential Businesses||13|
|Gathering of 5+ People||28|
|Use of Prohibited Amenities||114|
|Obstruct any Order / Officer||9|
|Using off-leash Dog Park||8|
|Total Charges under EMCPA||
Updated as of October 18, 2020. Information is updated weekly on Monday mornings.
|Charges under ROA||Charges|
|Fail to comply with a continued section 7.0.2 order||4|
|Obstruct any person excercising power||0|
|Obstruct any person performing a duty||0|
|Total Charges under ROA||4|
|Face Coverings By-law (20-155)||3|
|Physical Distancing (20-056)||133|
|Physical Distancing (20-164)||3|
City of Hamilton COVID-19 Enforcement Frequently Asked Questions (FAQ)
(Last Updated April 22, 2020)
Who enforces the Provincial Order against gatherings of more than 10 people?
There is a Provincial Order against organized gatherings of more than 10 people. This Order can be enforced by Hamilton Police or by City of Hamilton By-law Officers. To report an organized gathering that is in violation of this Order, contact the City of Hamilton at 905-546-2489 (CITY).
Are fines issued immediately for groups of more than 10 people gathering and if so, what are the fines?
City of Hamilton By-law Officers continue to use a progressive enforcement approach to help residents understand the requirements of this order. If they do not obtain compliance or there is a repeated offense, fines of up to $750 per individual may be issued, while corporations could face fines up to $500,000.
Are City parks and trails closed?
City parks and trails are open for walking, jogging or biking only, with appropriate physical distancing and without having gatherings of more than 10 people.
People are NOT permitted to use:
- sport fields for playing sports or as a leash free dog park
- park pavilions
- picnic areas
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:
- Escarpment stairs
Failure to comply may result in a fine of $750. If you are unsure as to whether you can go to a park, please contact the City of Hamilton at 905-546-2489 (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?
Yes. Both Chedoke and King Forest Golf Courses are now open to the public. Residents should be reminded that our golf courses have never been available as a place to go for a walk or as a dog park. Walking in these locations could also be hazardous to residents as there will be ongoing golf games, gas cutting and other turf maintenance machinery on site.
What City parks or trails are closed?
As of June 10, 2020, the following locations are closed: Albion Falls, parking lots associated with some parks, playgrounds.
Who is responsible for enforcing if someone uses a closed City park or City facility?
Using a closed City facility or location, such as Albion Falls, City of Hamilton By-law Officers and Hamilton Police Service have the authority to charge the individual with failing to comply with an emergency order under the Emergency Measures Protection Act and issue a fine of $750.
What steps are being taken to clean parking machines?
While Public Health officials have advised that the risk of contamination of parking meters or payment machines is highly improbable, staff are taking extra precautions and will clean touch surfaces on payment machines after each collection. Further intermittent cleaning of off-street parking machines in busier lots will be performed by maintenance staff throughout the day.
Are parks, stairs, trails, parking lots, etc. being proactively monitored?
Yes. City of Hamilton By-law Officers and Parking Enforcement Officers continue to proactively monitor City facilities and locations that have been ordered closed by the Province. By-law Officers are also responding to complaints.
Are City By-law Officers still responding to non-COVID related complaints?
It is important to note that while Licensing and Bylaw Services have prioritized COVID-19 related calls, they continue to respond to issues related to other City by-laws. This includes Vital Services, Vacant Buildings, Licensing, Illegal Dumping, emergency Property Standards matters, as well as the illegal cutting of trees.
Who is responsible for enforcement if a business is staying open in violation of the Provincial Order?
The Province has issued an Order under the Emergency Measures and Civil Protection Act requiring several types of non-essential businesses to close. City of Hamilton Licensing By-law Officers are responsible for enforcing this order. If residents suspect the operation of a non-essential business, they can report it by contacting 905-546-2489 (CITY).
How do we know if a business is considered essential?
The Province has defined the criteria for operations permitted to remain open during the COVID-19 pandemic. Inquiries should go to the Provincial hotline at 1-888-444-3659.
Who is enforcing construction sites that have been ordered to close?
The Province’s Order requiring non-essential businesses to close has identified some types of construction sites as essential, but other sites as non-essential. This information is available by calling the Provincial hotline at 1-888-444-3659. (need revision?)
The City of Hamilton’s Building Division is responsible for enforcing this aspect of the Provincial Order. They will be regularly monitoring construction sites in the city. If you suspect a construction site is operating in contravention of the Provincial Order, please contact 905-546-2489 (CITY).
Do private property owners such as condominiums have to close amenity areas such as fitness rooms?
Common amenity areas in private buildings, such as fitness rooms and swimming pools in condo buildings, are required to be closed. Any use of these types of areas would be a contravention of the Emergency Measures Civil Protection Act. Any complaints will be investigated by the City’s By-law Officers or the Hamilton Police Service. If you suspect a private amenity area is still operating, please contact 905-546-2489 (CITY).
What if there is a concern regarding a business not following proper hygiene?
The City’s Public Health Inspectors are responsible for enforcing proper hygiene and public health practices at restaurants, stores, etc. If you suspect 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 [email protected].
How do you report suspected price gouging by a business?
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?
Failure to self-isolate could be an offence under the Quarantine Act of Canada. Enforcement is the responsibility of the federal Quarantine Officer identified under the Act. Until that person is identified by the Federal Government and directs the police to assist after they have determined there is a violation under the Act, the Police have no authority to act.
If there are people who have tested positive for COVID-19 who are not doing the mandatory quarantine who do they report this to?
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 [email protected].
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