The Town of Niagara-on-the-Lake follows a bylaw enforcement process of engage, educate, then enforce — but even after a formal complaint and a Lake Report investigation, Ferox by Fabian Reis winery remains in the education stage, working with the town as it plans to document any further rule-breaking.
Since at least 2022, Ferox has advertised food service, and by 2023, it was promoting events and patio service — all activities restricted to estate wineries, which pay more in commercial taxes for such uses.
In March, The Lake Report approached town staff and the owners about these apparent violations. For some, the situation highlighted broader problems with enforcement, fairness and whether the town’s bylaws are still effective or outdated. By April, the town had received no reported complaints.
But after we followed up last week, staff confirmed that a complaint has since been filed.
The town’s communications co-ordinator Marah Minor said when the town discovers zoning rules being broken, bylaw officers start by letting the owners know and giving them a notice of violation.
“Town staff remains in the education phase of the process,” said Minor in an email.
This phase involves working with the owners, Fabian Reis and his wife, Stephanie, to correct violations and bring them into compliance with the rules.
In an emailed statement, Fabian Reis said the winery is part of “an active zoning bylaw amendment application process.”
“We continue to work closely with town staff to bring the application to completion,” he said.
The town declined to say when the complaint was received, how many were filed or who submitted them. It also would not confirm when it first began engaging with Ferox or what specific bylaw violations were reported.
The town can’t shut down a business for breaking the rules or issue fines for zoning infractions through its usual penalty system, Minor said. These matters must instead go through the provincial offences court.
But that doesn’t mean Ferox can do whatever it wants in the meantime — Minor said if violations keep happening, staff document each one to build a court case.
“Immediate action can only be taken if there’s a life safety concern, as determined by the police, fire department, or the Alcohol and Gaming Commission of Ontario,” she said.
The town did not say how long Ferox has to make changes, when the education phase began or the specifics of what that phase involves.
