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.

No current convictions.

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

Edible Arrangements
1400 Upper James, Hamilton
Closure Date: February 15, 2019
Closure Reasons: Fail to clean multi-service articles after use & fail to ensure equipment surface cleaned as necessary.

Little Caesars
674 King St E, Hamilton
Conviction date: February 1, 2019
Conviction reason: Section 7, Subsection 3, Subsection b:(3)  Every food premise shall be provided with, (b) hot and cold running water under pressure in areas where food is processed, prepared or manufactured or where utensils are cleaned                            

Tim Horton’s 
469 Highway 6 North, Flamborough
Conviction date: January 30, 2019
Conviction reason: Section 7, Subsection 3, Subsection b:(3)  Every food premise shall be provided with, (b) hot and cold running water under pressure in areas where food is processed, prepared or manufactured or where utensils are cleaned

2 For 1 Pizza
158 Kenilworth Ave N, Hamilton
Conviction date: January 28, 2019
Conviction reason: Contrary to O. Reg 493, Sec 26 (1).  The operator failed to comply with: 26.  (1)  All food shall be protected from contamination and adulteration

Tomala the Portuguese Pit Stop
1812 Rymal Rd E, Hamilton
Conviction date: January 22, 2019
Conviction reason: Failure to provide running hot water in the food premises in contrary to section 20 (1)(b), and Section 68 (3)(b) of the Food Premises Regulation 562 of the Revised Regulation of Ontario, 1990 under the Health Protection and Promotion Act

Tobacco and Electronic Cigarette Retailers

Tobacco Enforcement Officers routinely visit tobacco and/or electronic cigarette vendors in Hamilton.  When they visit vendors selling tobacco and/or electronic cigarette 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.

No current convictions.

415 Melvin Ave
Offence date: June 18, 2018
Conviction date: January 15, 2019
Conviction reason: Sell Electronic Cigarette to a person who is less than 19 years old. Electronic Cigarette Act s. 2(1)

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.