Hamilton waiting on at least $80K in unpaid COVID-19 fines

Hamilton is waiting on at least $80,700 in unpaid tickets from people and businesses that broke COVID-19 rules.

Ava van Heerden, a public information associate with the city, told CBC Hamilton bylaw officers laid 466 charges against businesses and individuals who violated masking and physical distancing rules since they came into effect in 2020.

Of those tickets, 195 — about 42 per cent — still haven't been paid.

These specific fines fall under Administrative Penalty Systems (APS). These are local bylaws and fines that don't go through the courts and are handled by the ctiy instead. 

That amount in unpaid fees doesn't take into account the 863 charges laid in Hamilton under the Reopening Ontario Act and 326 charges under the Emergency Measures and Civil Protection Act — those are both provincial orders and it's unclear how many of those fees have gone unpaid. The province has not replied to a request for comment on those charges. 

Ontario and the city continue to relax COVID-19 measures, but many of those who broke local COVID-19 bylaws under APS still haven't paid their fees.

Of the 466 APS charges, van Heerden said 221 — $73,009.68 — have been paid. That's about 47 per cent of the tickets.

Bylaw issued 248 tickets to businesses and 218 against individuals. She said 139 businesses have paid a sum of $39,082.53 but 86 still need to pay a sum of $27,400, plus late fees.

She added 82 individuals have paid a sum of nearly $34,000 but 109 still need to pay a sum of $53,300, plus late fees. 

Van Heerden said 48 tickets were cancelled at hearings. That could've netted the city an extra $20,700.

The data also shows people and businesses in the city's downtown area and Upper Stoney Creek area received the most tickets.

Business owner says he won't pay fines

Bad & Boujee owner Ken Saburn said he's facing more than $10,000 in fines and won't pay them. Saburn said he can't afford the fines because the business isn't making enough money.

In October, the downtown bar received nine tickets for COVID-19 violations — the most in a single day.

Most of those are under the Reopening Ontario Act. Saburn said he owes roughly $880 in APS fines.

Saburn said he didn't think bylaw officers did a proper investigation when he got slapped with nine fines in one day because they allegedly never stepped foot into the bar. He also said bylaw should've offered more education.

"We thought we were following all the protocols ... I guess they just said we weren't doing it up to their standards," Saburn said in an interview on Thursday. "We are trying to fight it but finding legal representation is kind of hard."

When asked about other times where there were infractions, like the APS fines, Saburn said despite best efforts, sometimes people slip up and don't follow the rules.

Speaking generally about COVID-19 fines, Marie Nash, the interim CEO of Hamilton's Chamber of Commerce, said it's "unlikely that businesses weren't aware of the bylaws prior to being fined."

"Every time we worked with bylaw ... bylaw has always taken an education-first approach," she said, meaning fines were often used on a last-resort basis.

Nash said throughout the pandemic, the vast majority of businesses who contacted the chamber about the rules, did so for clarification to make sure they were in compliance.

What happens if you don't pay COVID-19 fines?

Monica Ciriello, the city's director of licensing and bylaw, said when someone is fined through APS, there is a screening process where the ticket is reviewed.

If someone wants to dispute the fine, they have 14 days to appeal. Then, they'll appear before a hearing officer.

If someone doesn't pay their fine after a few weeks, a roughly $60 fee is added. Ciriello said another some $60 fee is added if 46 days have passed and the ticket is still unpaid.

"Ultimately, these penalties will be sent to collections or they will be added to the individual's tax roll," she said in an interview on Friday.

Ciriello also said the city can add special conditions to those who don't pay their fines, like sending them before a licence tribunal.

So far, the city hasn't gone that far to any business or individual, but the city has taken steps toward sending information into collections data.

When asked if Ciriello thinks the city will get the people who owe unpaid fees to pay, she said she's confident the city will take "all steps" to get the job done.

She also said while most restrictions are being lifted, bylaw officers are still moving around Hamilton to ensure people are following masking rules while they're still in effect.