Peterborough Public Health has shut the doors at Peterburgers restaurant, located at 25 George Street North in Peterborough.
The health unit closed the premises and restricted access on Friday (December 3) in accordance with an Ontario Superior Court of Justice order under section 22 of the Health Protection and Promotion Act.
Under section 22 of the provincial legislation, a medical officer of health can issue an order to “require a person to take or to refrain from taking any action in respect of a communicable disease.”
Police officers, a public health official, and a locksmith arrived at the establishment on Friday night and the locks were changed, according to reports on social media.
The section 22 order was first served to Peterburgers last Thursday (November 25), requiring the owner to either to comply with all provincial COVID-19 public health measures for restaurants as required by the Reopening Ontario Act and associated regulations, or to close the premises.
The owner listed in the Section 22 order and Ontario Superior Court of Justice order, both of which are posted in the restaurant’s windows, is Nicole Comber.
I may have spent a week in #Peterborough for no real reason, but the moment everyone was anticipating took place tonight.
The locks at @PETERBURGERS1 have officially been changed.
h/t @sirbuyer #cdnpoli #antivaxxers pic.twitter.com/nQaf9YKJm5
— Caryma Sa'd – Lawyer + Cartoon Creator (@CarymaRules) December 4, 2021
“Failure to comply or close the premises voluntarily will lead to an escalation of measures necessary to ensure that public health measures are being followed,” reads a November 25th media release from Peterborough Public Health. “This could include a fine of up to $5,000 for every day or part of each day on which the offence occurs or continues, as well as the possibility of closure by Peterborough Public Health.”
The section 22 order was issued after weeks of defying public health measures by the restaurant, which received three $880 fines on October 8 under the Reopening Ontario Act. The charges were for failing to confirm proof of vaccination and identification of indoor diners, failing to ensure the use of masking and face coverings in the indoor area, and failing to collect contact information for patrons remaining at the premises to dine.
Prior to issuing the fines, Peterborough Public Health used a “progressive enforcement approach” at Peterburgers, according to manager of environmental health Julie Ingram, beginning with education of the owner on September 24.
This was followed with a written warning notice on September 28. During a follow-up inspection on October 1, according to the health unit, the owner confirmed she would comply with the requirement to check proof of vaccination.
“While we were hopeful that the business would comply, continued investigation this week confirmed ongoing noncompliance by the establishment,” Ingram stated on October 8 when the charges were laid against the owner.
After the section 22 order was served on November 25, the restaurant continued to operate while ignoring public health requirements, contrary to the requirements of the order. Supporters of the restaurant have gathered at the location in recent weeks to protest the fines and the section 22 order issued against the restaurant.
Meanwhile, a local bar that had contravened one public health measure was allowed to reopen on Friday.
The White House at 175 Charlotte Street had been fined $880 on November 21 for exceeding the 25 per cent capacity limit for a food or drink establishment where dance facilities are provided.
Peterborough Public Health issued a section 22 order on November 26 requiring the bar to close, and rescinded the order on December 3.
