By Cecilia Nasmith
The Reopen Ontario Act increased the enforcement role for public-health inspectors of ensuring its directives are complied with.
At the November meeting of the Haliburton Kawartha Pine Ridge District Health Unit Board of Health, Manager of Health Protection Enforcement under the Reopen Ontario Act Bernie Mayer described those efforts locally.
Their approach might be termed the four Es – engage the individual not complying, explain why the health unit is responding, educate individuals on the rules and regulations, and enforce as a last resort.
“The majority of the time we have spoken to owners and operators of a business, they weren't aware of a change that came out, and they apologize and explain they are going to get into compliance,” Mayer said.
Then there are the ones who don't agree with a rule or regulation and openly refuse to comply. In such case, they give the first three Es another try before proceeding to the fourth.
As the province has begun lifting capacity restrictions this fall and instituting proof-of-vaccine requirements, the health unit has worked with a group Mayer termed enforcement partners (such as police and Ministry of Labour inspectors) for a co-ordinated approach to get the information out through such avenues as website updates and Zoom meetings with chambers of commerce.
Still complaints come in, Mayer said, and the three-E approach is attempted in a bid to forestall the fourth E.
“We make three attempts to try to educate the business owner, then send out a public-health inspector to go over the requirements to further engage, explain and educate,” he said.
If it comes to enforcement, there are a number of tools.
One is the Part 1 ticket, which is similar to a parking ticket – the recipient can pay the fine or challenge it in court. Or a summons might be issued, which will require an appearance before a Justice of the Peace. Or they may ask for an injunction to have the business closed.
Fines for a Part 1 ticket go as high as $750 which, with surcharges, comes to $1,130. A summons may result in a $1,000 fine which, with surcharges, comes to $1,250.
If the matter is challenged and a guilty verdict is the result, fines can range from $10,000 to $100,000.
Important though it is, enforcement comes with a cost. More staff time is required to walk everyone through the initial three Es, all the while co-ordinating all the documentation of the process. With courts mostly on a virtual basis, Mayer said, there have also been technological challenges. And there's also the cost for the legal firms assisting them in enforcement matters.
In response to expressions of skepticism over their enforcement efforts, they have put up a web page with the details of this work that went live last month.
As of Oct. 25, he said, there have been 33 informal warnings of noncompliance, 145 warning letters sent, 37 charges laid to date, and three charges related to individuals not isolating. The majority of charges are related to staff not wearing masks or not requiring mask compliance by patrons.
