As Newmarket and the rest of York Region are expected to move to a category that will allow restaurants and gyms to reopen Saturday, Nov. 7, increased enforcement of “flagrant violators” of COVID-19 rules and regulations can be expected.
“To me, the answer now is enforcement — enforcement, enforcement, enforcement,” said Markham Regional Councillor Jack Heath following an update from the region’s medical officer of health, Dr. Karim Kurji, at regional council Nov. 5.
Municipal bylaw officers, public health investigators and York Regional Police officers have primarily taken an “education-focused” approach to achieving compliance to date, though some charges have been laid.
“We can’t have enough (enforcement) because people are skirting the issue in all sorts of places, everywhere you can think of,” Heath added.
His comments echoed those of Markham Mayor Frank Scarpitti, who said that while he supports the ongoing awareness campaign directed at businesses and the public, it’s time to charge “flagrant violators” of any restrictions in the new orange level category.
“I think when we have flagrant violators, people who have been told but who choose to do something else — again, it’s not about having a police officer at every corner, but I think when we have those flagrant violators, enforcement (must) actually happen,” Scarpitti said.
“I think it sends a message not only to the operators but the public,” he added.
He encouraged the region to enhance awareness around the “hotline number” the public can call to report violations immediately.
“Perhaps a more ambitious approach to enforcement is now appropriate,” Newmarket Mayor John Taylor agreed, while seeking clarification that municipal bylaw officers will continue to take the lead in enforcement, with the support of public health inspectors and police when required.
“We do believe in education first in Newmarket, of course, as everybody does, but where it’s flagrant, we’ve taken action.”
Newmarket’s Grey Goat Pub and Grill was fined $880 by public health last August after it was found to have violated the requirement that it keep records of patrons for at least one month for contact tracing in the event of an outbreak.
The town used its own bylaw to shut down an Airbnb-listed “party house” last September when neighbours raised concerns about booming music, live DJs, and close to 100 party-goers at regular events, including weddings, throughout the summer.
“We play a very significant role,” Taylor added.
Dan Kuzmyk, deputy regional solicitor, said, “Enforcement of COVID-19 rules and regulations will be enhanced through collaborative partnerships between municipal bylaw enforcement staff, York Region Public Health and York Regional Police.”
“YRP and municipal bylaw staff have a long-standing relationship as partners in enforcement,” he said. ”YRP and municipal bylaw staff meet frequently to share information, education and strategies for keeping the peace.”
As well, the province is establishing a multi-ministry COVID safety awareness and compliance team to support enforcement, he added.
You can read more details about the additional restrictions in orange level here.
In a Nov. 5 memo to regional council, Kuzmyk stated “more assertive enforcement will support public health objectives, leveraging significant penalties in the Emergency Management and Civil Protection Act and the Reopening Ontario Act.”
In response to the second wave of the COVID-19 pandemic, he stated "more assertive enforcement" is supported by both the region’s medical officer of health and the province.
Tickets can be issued for less serious offences, with violators facing a maximum fine of $1,000.
However, the fines jump from a minimum of $10,000 to a maximum of $10 million for an individual convicted of hosting an event at a residence to corporations organizing a public event exceeding the number of people allowed.
Public health inspectors have done more than 3,700 in-person inspections, responding to complaints that include lack of physical distancing, disinfection and sanitation, to educate operators and employees and ensure regulatory requirements are being followed, Kurji told council.
Public health inspectors also conduct onsite workplace cluster investigations and attend with police when individuals are not following isolation requirements.
From last March to September, a total of 162 charges have been laid by municipal bylaw officers in Vaughan, Richmond Hill, Aurora and King, as well as by public health inspectors (one) and York Regional Police (71), according to Kuzmyk.
From March to October, York Regional Police have responded to more than 4,000 “calls for service”, issued 155 tickets and 185 warnings under the provincial acts.
