It hit Michelle Shabatura and her staff hard. The owner of Farmer’s Daughter on Hwy 60 says they were surprised when three enforcement officers from Simcoe Muskoka District Health Unit arrived at the business on Sunday, Feb. 7 and subsequently levied a $1,000 fine for noncompliance with orders under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. They were one of five Muskoka businesses to receive fines during a compliance blitz last week.
Shabatura maintains that she and her staff have done everything right.
The officers told her that the business failed to do three things, she says: post a sign stating how many people are allowed on the premises at one time, record a cleaning schedule, and complete a screening checklist with each staff member before they begin work each day.
“We feel we’ve been really unjustly treated,” says Shabatura. “We’re probably going to fight it in every way possible…we’ve really been compliant.”
Staff are aware of the number of people permitted in the building and don’t allow more than that in, says Shabatura, but that number isn’t posted on the door for the public to see. Shabatura asked for an example of what that sign should look like, and says she was told they’d have to figure that out for themselves. “The struggle with compliance is if we are supposed to follow something a certain way, how come we aren’t being supported in providing what that is?”
She also asked for an example of a screening form for staff, and was similarly told they would have to build their own, she says.
And although they are diligent about wiping down counters, they weren’t aware they needed to document the times at which they were doing that.
As of today, the signs and checklists have been made, she adds. “It took us almost half a day yesterday just to really understand what our deadline was for compliance and what it is what we needed to do. There wasn’t a lot of support.”
Shabatura notes that the business has been diligent from the beginning of the pandemic in Ontario, with plexiglass dividers installed the first week, measures in place from the start to wash carts and baskets and to wipe down counters and keypads with every customer, and to ensure staff wear masks all the time. They removed their seating area, and offer curbside pickup, delivery, online shopping, and allow customers to schedule private shopping times if they are immune-compromised or concerned. Gloves, masks, and hand sanitizer are available for customers.
Farmer’s Daughter staff have a weekly meeting to review protocols, she adds.
“To be fined is upsetting,” says Shabatura. “Not even getting a warning or an opportunity to understand clearly what is required…I get [the fine]if I was being reckless, I get all of that if we weren’t trying our hardest every single day as a collective team. It brought us to our knees today.”
She would like to see the health unit offer greater clarity on specifically what is required so that other businesses don’t face the same issue Farmer’s Daughter has.
It’s the first time the business has received a visit from the health unit’s Barrie office during the pandemic, says Shabatura, but they’ve been in regular contact with the local health inspector to ask for advice on what protocols they should have in place.
“Where I struggle with the compliance aspect is they are there to help us and educate us and provide us with what we need. If you’re noncompliant, it means that you’re not trying nor are you willing, I suppose…noncompliance is a blatant disregard and that’s not us,” says Shabatura. “We totally care about our customers, we totally care about our staff.”
The hardest part for her has been seeing how sad her staff—which Shabatura calls the best team in town—are that the business has been fined despite doing their best.
Collectively, businesses need to demand clarity in order to ensure they are complying, says Shabatura. “I appreciate them coming in, I appreciate their concern and spot-checking, but my challenge is that we are clearly doing our best and I feel we’ve been going over and above from the very beginning and staying consistent from the very beginning… Give us some clarity so we know what the right thing is. I don’t want anybody else to feel the way I have had to feel and go through what I have had to go through.”
Related: Health unit levies fines against three local businesses in COVID compliance blitz
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Kathy Kay says
Absolutely agree this fine is an insult. I shop there regularly. Every visit, the cart and the counter is wiped. There are sanitizer supplies and the entrance for customers. Why would they have to write the cleaning events down each time? Everyone serving customers wears a mask. I have been there when it’s busy and people have to line up outside. Seem over the top to me.
Rose Evans says
This is so wrong – the health unit should be there to help small business become compliant not shoot them when they are down – my understanding is that we don’t even have a health unit in Huntsville its all based out of Barrie.
Where is the help for these small business? My heart goes out to any small business trying to survive during this pandemic and I feel we all should be helping our local business to survive. Shop Local !!!!
Debbie Knobelsdorf says
You would think that seeing you have made efforts, that may not be perfect but an effort none the less, you would simply be advised and warned that if not in compliance by such and such a date THEN you get fined. As you mentioned, it’s not like you blatantly snubbed all protocols, you missed a couple.
We’ve kept an eye on the ever changing rules and have done our best at compliance by searching out templates for whatever new thing they’ve come up with and would hope that we aren’t fined. I’ll get right on a cleaning schedule sheet. That we didn’t have, I obviously missed that in the pages and pages of requirements.
I’m sorry this happened to you.
Tracy Hayes says
So sorry you had to go through this. As a local business owner myself I know the struggle. There are not clear rules or regulations and it changes moment to moment without logic. There is no support. We know you are doing your best to adapt. We love your restaurant and store.
I am glad knowing you are cleaning – As a customer I don’t need your staff to have to take the time and stop cleaning and log it all down – using the same pen ? all day.
That is more likely adding a point of touch contact and the source of spread. Crazy. Put the efforts where they are needed – not waisted.
Sandi Parkinson says
My heart goes out to all small businesses during this time. It sounds as if Farmers Daughter has done a great job complying with the ever changing rules and protocals. They should be focussing on the businesses that opened when they were to be closed! The ones that are letting everyone inside and not counting them. Not the business that is trying to comply their very best! I work in a retirement home and I am their covid screener. Here is an example of our screening test for staff: Name, time in, temperature, witness signature. We take our temps, have someone witness it and sign both names. We also keep a chart on cleaning and sanitizing. The health department was not fair to you and it makes me sad that you had to go through that. However, if anything good came out of this situation it is you just got some free advertising! ? I hadn’t heard of your store but I’m going to come to Gravenhurst and support you! Keep your head up, you know in your heart your doing your best. Look at this as paying 1,000 for advertising because I’m sure you are about to receive lots of local support!
Bill Wright says
Well, this document has been available on line since December 26 last year..and page eight appears to state all of the noted requirements, and links for info. It is useful for all of us..not just businesses.
https://files.ontario.ca/moh-enhanced-provincewide-shutdown-2021-01-12-v2.pdf
Linda Bastedo says
I think it’s out ragged that they fine farmers daughter go after costco and walmart farmers daughter is doing a great job I guess it’s good advertising for them hang In there It’s going to get better ☺️
Paul Dancer says
Shame on the SMDHU for this behaviour. 3 overpaid bureaucrats who are too lazy to help small businesses deal with this pandemic and make improvements, instead just bully then get some revenue to punish them for not being perfect to the letter of the law. It is this type of overreach that turns people off.
I thought we were all in this together? This confirms again that we need to get out of the SMDHU, they really don’t care about Muskoka at all!
Gayle Stevens says
Have to comply. If I had been to that place and not seen the signs I would have complained as well. This pandemic has been here for almost a year folks. No excuse.
Jane Hunt says
I’m dropping by this afternoon to pick up lunch! I’m not concerned and will continue to support you, Michelle. I agree re: being informed first; not fined first. Very sorry you, your staff had to experience this when everyone is doing their best during an extremely challenging time.
Wayne Sinclair says
Like I hope everyone else I am very concerned about the hit our local businesses have taken for the last year and also that we in Muskoka are tied unfairly to the Simcoe district. So sorry you were issued a non-compliance fine, I think a warning would have been better for a first offence but the information you need is readily available on the Simcoe Muskoka District Health Unit site, I got to it in a matter of minutes. As much as I feel bad for everything you are going through you need to be vigilant in keeping your customers safe when they come into your shop.
Maureen McCartney says
Re: Bill Wright
Interesting your viewpoint.
And more interesting while Costco and Walmart have in house lawyers that can fight any fine they SHOULD get, small businesses do not have that luxury.
COVID is a David and Goliath situation.
Shame on the enforcement officers. A warning would have sufficed.
Joe Webb says
I’m sorry, but every where I’ve been has these three notices displayed. Nothing new,
Ray Vowels says
Just more proof that the health officials as well as the Govt have no idea what they are doing . Telling people to figure things out themselves just proves it. They just don’t seem to care a hoot for any small business.
Dianne Adams says
Kudos to Bill Wight for pointing out the protocols in place since December 26, 2020. Why would small businesses not read them, ask questions to clarify confusion, and then comply? Also, well done Debbie Knobelsdorf for re-checking and identifying a missed item in your establishment – I enjoy your restaurant and will definitely continue to go there knowing you are on top of all issues and I will be safe. In today’s society, stating you are doing all you can is just word of mouth if not documented. Too many are not following consistently, and the government had issued a step-by-step health requirement to ensure that everyone can be safe going into any store or restaurant to eliminate the possibility of transmission of this virus. Thanks from the public to all who complied!
Sandy McLennan says
It took three workers, travelling from Barrie(?) to arbitrarily fine some businesses (we see another business owner was not fined, even though they didn’t have 100% compliance). The business in question: “failed to do three things, she says: post a sign stating how many people are allowed on the premises at one time, record a cleaning schedule, and complete a screening checklist”. All the while, the business and some customers say, they were actually doing the things that prevent the spread of disease. The paper work they are having to pay a fine for omitting will make no difference in reducing the spread of disease. Bad optics and practice, Health Unit!
And a one thousand dollar fine to each of Jamieson’s and Mary’s in Port Sydney! Serious financial blows. Was that for the same paperwork omissions?
How about spread out those three government employees and give assistance (offer kindness, be “in this together”, provide pre-printed signs/forms, give “warnings” if you must). Then get the business to send photo/video evidence of compliance by the next day. No need to drive back up. The business will do all of the administrative things, given a break.
The idea is to work collectively to actually prevent the spread of disease, and it appears these government folks could use better foresight and get their eye back on the ball.
You can comment to the Simcoe Muskoka Health Unit at 705-721-7520 or 1-877-721-7520, M-F 8:30-4:30, or on the web comment form: https://www.simcoemuskokahealth.org/HealthUnit/About/Contact/ContactHealthConnection
Kathryn Henderson says
Totally ridiculous. Sorry you got fined. There is no common sense with the lockdown rules. I sat OPEN ALL THE BUSINESS BEFORE THIS TOWNS BUSINESSES GO BANKRUPT.
Allen Markle says
Three officers? In the same vehicle? Are the regulations so vague they need three to vote and form a consensus? A perfect example of the letter of the law rather than the essence. Maybe just three sets of jack-boots heading out to bully people in an area that is reasonably covid free, so in relative safety. Wonder if they were from down south?
Roger Poirier says
How on earth did Muskoka get lumped in with Simcoe anyway?
Bobbie Dyment says
I am a regular customer at the FD and the staff is very efficient, knowledgable, kind and attentive to the extra vigilance necessary to the current situation. When Michelle’s questions were posed to the 3 heavyweights from SMHDU why would they not have printed literature to offer her and/or direct her to the site which (apparently) provides business owner information … oh no! They just told her it was up to her to figure things out! This is how Doug Ford wants the “laws” enforced … with uneducated bureaucrats bouncing through a suffering community offering only tyrannical speech, behaviour and virtually no assistance. Disgusting!!! AND! Huntsville needs to be recognized as independent and stand alone.
Clive Carwardine says
So a business that by all accounts is doing the best they can to comply and survive. A warning wouldn’t do ? No let’s fine them $1000. Is there any public servant out there that has any idea what it means to be on the brink of losing everything they’ve worked so hard for. How about some compassion for God’s sake. Next time we’re in the area we’ll be back to Farmers Daughter, great place.
Elke Scholz says
what a sad shame, one we in Muskoka should be in green or yellow and, not shut down. The fines are another way to scare people . What a waste of time and energy. Apparently there are ways to fights the fines. I have heard of two avenues. Wish you all the best, and know you are supported.
Craig Nakamoto says
I am sorry that these businesses got fined, but even I saw in the news that there was going to be an enforecement blitz. It was very well publicized. Every affected small business owner should have taken it seriously and looked up the documentation. Honestly, how difficult is it to stick a laminated sheet of paper on your door with the maximum number of people allowed? To buy a few clipboards and record what you are doing? It isn’t difficult, and I doubt the officers are being very strict on what you do, as long as you do it. I hate the red tape as much as anyone – but in this case there is a good reason for it, and they are clearly not being picky on exactly how you meet their requirements – which is good. I would not hesitate to go to the Farmer’s Daughters – I am sure that it is safe and that they are doing a great job with the safety measures. I like their shop and their staff.
Brenda Begg says
If we, in Muskoka, were in the green or yellow zones I suspect many people from hot zones would travel here to shop, ski etc. We welcome tourists, but now is not the time. Being in the grey zone is a mixed blessing.