Clinics & Services

Convictions & Orders in Hamilton

Food Premises

Public health inspectors routinely visit over 3,200 food premises in Hamilton. When they visit food premises including restaurants, they check for safe food handling outlined in the Ontario Food Premise Regulation. Food premises that are not following the law at the time of the inspection are either given:

  • a specific time period to fix what they are doing wrong
  • an Order under the Health Protection and Promotion Act, such as closing a restaurant, if there is an immediate risk to patrons

Food premises are fined if they are convicted in court of not following the Ontario Food Premises Regulation or not following an Order. Fines range from $50 for minor infractions to $25,000 per day for a corporation who does not follow an Order.

Name of business: Hello Iris
Address: 245 Dundas St E
Date of conviction: May 4, 2021
Reason for Conviction: Fail to ensure equipment surface cleaned as necessary, contrary to the Health Protection & Promotion Act 

Name of business: Hello Iris
Address: 245 Dundas St E
Date of conviction: May 4, 2021
Reason for Conviction: Food premises not maintained with food handling room in sanitary condition 

Name of business: 2 for 1 Pizza, Wings and Subs
Address: 158 Kenilworth Ave N
Date of conviction: May 25, 2021
Reason for Conviction: Fail to protect food from contamination and adulteration 

Name of business: Genuine Bakery
Address: 1002 Barton St E
Date of conviction:  May 27, 2021
Reason for Conviction: Fail to ensure equipment surface cleaned as necessary

Name of business: Scoly's Hometown Market
Address: 178 Nebo Rd
Date of conviction: June 11, 2021
Reason for Conviction: Fail to provided handwashing stations with adequate supplies

Name of business: August 8 Restaurant
Address: 1066 Upper James St
Date of conviction: June 29, 2021
Reason for Conviction: Fail to remove garbage when necessary to maintain sanitary condition

We post orders issued under the Health Protection and Promotion Act for three months from the date the Order is issued.

Choobee’s Inc – Refreshment Vehicle License No. 20-298514-00 2F
2327 King St E, Hamilton, ON L8K 1X6
Date of Order: July 14, 2021
Reason(s) for Order: Fail to provide hot running water in food preparation area. Ontario Regulation 493/17 Sec 7 (3)(b), and HPPA section 13.

Afshar’s Shawarma & Grill
234 King St W, Hamilton, ON, L8P 1A9
Date of Order: June 7, 2021
Reason(s) for Order: Fail to operate and maintain premises free from every condition that may be a health hazard contrary to Ontario Regulation 493/17 Sec 7 (1)(a)(i), and HPPA section 13

My Buddy’s Greek Bites
441 Fennell Ave E, Hamilton, ON, L9A 1V2
Date of Order: May 19, 2021
Reason(s) for Order: Fail to provide hot running water in food preparation area. Ontario Regulation 493/17 Sec 7 (3)(b), and HPPA section 13

Wei Xiang Yuan
1088 Main St W, Hamilton, ON L8S 1B3
Date of Order: May 10, 2021
Reason(s) for Order: Fail to operate and maintain premises free from every condition that may be a health hazard contrary to Ontario Regulation 493/17 Sec 7 (1)(a)(i), and HPPA section 13

Wimpy’s Diner
989 Fennel St E, Hamilton, ON L8T 1R1
Date of Order: May 7, 2021
Reason(s) for Order: Fail to operate and maintain premises free from every condition that may be a health hazard contrary to Ontario Regulation 493/17 Sec 7 (1)(a)(i), and HPPA section 13

Thai Tamarind
1654 Wilson St W, Ancaster, ON L0R 1R0
Date of Order: April 29, 2021
Reason(s) for Order: Fail to operate and maintain premises free from every condition that may be a health hazard contrary to Ontario Regulation 493/17 Sec 7 (1)(a)(i), and HPPA section 13

Personal Service Settings

Public Health Services works with owners/operators and staff of Personal Service Settings to ensure that they follow safe practices to reduce the risk of transmission of blood borne infection. During an inspection, public health inspectors check for compliance with Ontario Regulation 136/18: Personal Service Settings and use education to help businesses comply with the regulation. 

When infractions are not corrected by the required time, legal action may occur to obtain compliance. Repeat infractions noted during follow-up inspections or during any future inspections, may lead to legal action.

Below is a list of Personal Service Settings where an offence occurred and the owner or operator was charged and convicted. Convictions will be posted online for two years from the conviction date.

Salon Joseph Creative Hairstyling
492 James St North
Offence Date: November 28, 2019
Conviction Date: February 20, 2020
Conviction reason: Reusable equipment not cleaned and disinfected or sterilized between each use. Reg 136/18 Subsection 10(4).
Fail to ensure all sharps disposed of immediately after use in sharps container in close proximity to where personal service provided. O. Reg 136/18 Subsection 10(7).

COVID-19 workplace closures

City of Hamilton Public Health Services has issued a Health Promotion and Protection Act Section 22 Class Order, to break the chain of transmission within local workplaces where COVID-19 or its variants are determined to be spreading

Under this Order, Public Health Services may direct closure for workplaces with five or more confirmed COVID-19 cases within a 14-day period, where cases could reasonably have been acquired through infection in the workplace. Public Health Services will determine the extent of the closures, based upon outbreak investigation and risk of transmission at the workplace:

  • full closure applies to an entire workplace premises.
  • partial closure may apply to a mass dismissal of a shift or work area.

The list of workplace closures will be updated Monday to Friday to show the workplaces currently closed. Workplaces will be added to the list the day after they have received their closure notice. The Monday update will display the workplaces that received their notices on Friday and over the weekend.

Workplaces will be removed from the list the day after they have been allowed to re-open by Public Health Services.

Closure date Workplace name Address Closure Type
       

COVID-19 IPAC Assessments – Congregate Living Settings

Public Health Services works with owners/operators and staff of Congregate Living Settings to ensure that they follow safe Infection Prevention and Control practices to reduce the risk of transmission of Coronavirus. During an assessment, public health inspectors check for compliance under the Health Protection and Promotion Act, R.S.O. 1990, Chapter H.7 and use education to help businesses comply with the Act. 

When items are not corrected to meet best practice by the required time, legal action may occur to obtain compliance. Repeat infractions noted during follow-up assessments or during any future assessments, may lead to legal action.

We post orders issued under the Health Protection and Promotion Act for three months from the date the Order ceased to be in effect

Heritage Green Nursing Home
353 Isaac Brock Drive, Stoney Creek
Date of Order: July 16, 2021
Reason(s) for Order: Fail to take or to refrain from taking any action that is specified in the order in respect of a communicable disease. R.S.O. 1990, c. H.7, s. 22 (1).

Heritage Green Nursing Home
353 Isaac Brock Drive, Stoney Creek
Date of Order: June 2, 2021
Reason(s) for Order: Requiring a public hospital or an institution to take any actions specified in the order for the purposes of monitoring, investigating and responding to an outbreak of communicable disease at the hospital or institution. R.S.O. 1990, c.H.7, s.29.2(1).
This Order ceased to be in effect as of July 14, 2021

Sampaguita Lodging & Rest Home
265 Bay St S, Hamilton
Date of Order: May 13, 2021
Reason(s) for Order: Fail to take or to refrain from taking any action that is specified in the order in respect of a communicable disease. R.S.O. 1990, c. H.7, s. 22 (1).
This Order ceased to be in effect as of May 29, 2021

Evergreen Manor
41 Cathcart St, Hamilton
Date of Order: May 5, 2021
Reason(s) for Order: Fail to take or to refrain from taking any action that is specified in the order in respect of a communicable disease. R.S.O. 1990, c. H.7, s. 22 (1).
This Order ceased to be in effect as of May 19, 2021

Heritage Green Nursing Home
353 Isaac Brock Drive, Hamilton
Date of Order: April 22, 2021
Reason(s) for Order: Fail to take or to refrain from taking any action that is specified in the order in respect of a communicable disease. R.S.O. 1990, c. H.7, s. 22 (1).
This Order ceased to be in effect as of May 7, 2021

Tobacco and Vapour Product Retailers

Tobacco Enforcement Officers routinely visit tobacco and/or vapour product vendors in Hamilton.  When they visit vendors selling tobacco and/or vapour products they check compliance with the Smoke-Free Ontario Act. Anyone who is non-compliant with the rules set out in the Smoke-Free Ontario Act can be charged with an offence.


Disclaimer: Prospective buyers of tobacco retail dealer premises are strongly encouraged to contact the local public health unit to confirm premises conviction history. A premise with two or more tobacco sales convictions against any owner (past or present) at that address within a five year period is subject to a Notice of Prohibition Against the Sale, Storage and Delivery of Tobacco Products (known as an automatic prohibition or “AP”).

Section 22 of the Smoke-Free Ontario Act, 2017 (SFOA) states that upon becoming aware that there are two or more convictions against any owner for tobacco sales offences committed at the same place within a five year period, the Ministry of Health and Long-Term Care (MOHLTC) shall notify the owner(s) or occupant of the place that the sale, storage and delivery of tobacco products is prohibited at the place.

The MOHLTC accepts requests from public health units for automatic prohibitions where owner(s) of the business was/were convicted of tobacco sales offences on two occasions. The SFOA convictions report published on public health units’ websites lists all owner related tobacco sales convictions that are eligible for an automatic prohibition. Please note that automatic prohibitions do not apply to vapour products sales convictions.