Carried – Mandatory Mask Bylaw
Recorded Vote July 23
S Bellows – St Kitts – Y
J Bradley – Chair –
B Butters – Port Colborne – Y
D Bylsma – W Lincoln – N
F Campion – Welland – Y
P Chiocchio – Welland – Y
G Darte – St Kitts – Y
J Diodatti – Niagara – Y
B Disero – NOTL – Y
S Easton – Lincoln – Y
K Edgar – St Kitts – Y
W Fertich – Grimsby -Y
R Foster – Lincoln – Y
B Gale – Niagara – Y
K Gibson – Wainfleet – Y
B Greenwood – Niagara – Y
B Heit – St Kitts – Y
D Huson – Pelham – Y
T Insinna – Ft Erie – Y
L Ip – St Kitts – Y
J Jordan – Grimsby – Y
M Junkin – Pelham – Y
P Nicholson – Niagara – Y
W Redekop – Ft Erie – Y
T Rigby – St Kitts – Y
W Scendzik – St Kitts – Y
B Steele – Port Colborne – Y
T Ugulini – Thorold – Y
L Villella – Welland – Y
T Whalen – Thorold – Y
A Witteveen- W Lincoln – Y
G Zalepa – NOTL – N
A BY-LAW TO REQUIRE MANDATORY FACE COVERINGS IN ENCLOSED PUBLIC PLACES DURING THE COVID-19 PANDEMIC
WHEREAS the Council of The Regional Municipality of Niagara wishes to enact a temporary by-law to protect the health, safety, and well-being of residents and visitors to Niagara Region as the Province reopens to require individuals to wear a face covering while in certain enclosed public spaces to assist in reducing the spread of COVID-19 in the Region.
NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as follows:
1. (1) (a) Every person within an enclosed public place shall wear a face covering.
(b) Every person before entering and while riding any public transit vehicle owned or operated by The Regional Municipality of Niagara shall wear a face covering.
(2) Every person that is the parent or guardian accompanying a child that is five (5) years old or older in an enclosed public place or a public transit vehicle owned or operated by The Regional Municipality of Niagara shall ensure that the child wears a face covering.
(3) A “person” in subsections (1) and (2) of this section shall include any occupant within an enclosed public place and shall include, but not be limited to, any owner, operator, employee and worker in the enclosed public place and any customer, patron or other visitor in the enclosed public place but shall not include any of the following persons:
(a) a child who is under the age of five (5) years old;
(b) a person who is unable to wear a face covering as a result of a medical condition or a disability pursuant to the Human Rights Code, R.S.O. 1990, c. H.19, who is unable to put on or remove a face covering without assistance or for whom a face covering would inhibit the person’s ability to breathe;
(c) a person while consuming food or drink provided by a business that is permitted to operate under the Provincial Emergency Orders and provided that all other conditions of the Emergency Orders are met;
(d) a person while receiving services involving the face and requiring the temporary removal of a face covering provided such services are permitted to operate under the Provincial Emergency Orders and provided 2 metres distance is maintained from all other persons other than the person providing the service;
(e) a person engaged in a sport or other strenuous physical activity;
(f) a person while assisting or accommodating another person with a hearing disability; and
(g) employees and agents for the owner or operator of the enclosed public space within an area not for public access, or within or behind a physical barrier.
(4) No person shall be required to provide proof of any of the exemptions set out in subsections (3) (a), (b) and (f) of this section.
(5) For the purposes of this By-law, an enclosed public place shall mean all or any portion of a building that is located indoors and where the public is ordinarily invited or permitted access to whether or not a fee is charged or a membership is required for entry.
(6) For greater clarity, an enclosed public place shall include the following:
(a) retail stores where goods and services are sold to customers;
(b) businesses that primarily sell food including restaurants, supermarkets, grocery stores, bakeries and convenience stores;
(c) churches, mosques, temples, synagogues and other places of worship, except during a religious rite or ceremony that is incompatible with the face being covered;
(d) shopping malls or similar structures which contain multiple places of business;
(e) lobby areas of commercial buildings;
(f) common areas of hotels and motels and other short term accommodations, such as lobbies, elevators, meeting rooms or other common use facilities but does not include the common areas of residential apartment buildings or condominiums;
(h) concert venues, theatres and cinemas;
(i) fitness centres, gyms, other recreational and sports facilities and clubhouses;
(j) arcades and other amusement facilities;
(k) premises utilized as an open house, presentation centre, or other facility for real-estate purposes;
(l) museums, galleries, historic sites and similar attractions;
(m) businesses providing personal care services;
(n) banquet halls, convention centres, arenas, stadiums and other event spaces; and
(o) municipal buildings.
(7) For greater clarity, a waiting area, lobby, service counter, washroom, hallway, stairwell and elevator are included as part of an enclosed public place prescribed in subsection (6) of this section if they are open to the general public.
(8) For greater clarity, the following places shall not be included as an enclosed public place for the purposes of this section:
(a) day cares, schools, post secondary institutions and other facilities used solely for educational purposes;
(b) hospitals, independent health facilities and offices of regulated health professionals; and
(c) buildings and services owned or operated by the Province of Ontario or the Federal Government of Canada;
(d) an indoor area of a building that is accessible only to employees; and
(e) portions of buildings that are being used for the purpose of providing day camps for children or for the training of amateur or professional athletes.
(9) For the purposes of this by-law, a face covering shall mean a mask or other face covering, including a bandana or scarf constructed of cloth, linen or other similar fabric that fits securely to the head and is large enough to completely and comfortably cover the mouth, nose and chin without gaping.
(10) Every person who is an owner or operator of an enclosed public place shall adopt a policy regarding the wearing of face coverings that prohibits persons from entering, or otherwise remaining, within the enclosed public place unless they are wearing a face covering, subject to the exemptions provided for in this by-law.
(11) Every person who is an owner or operator of an enclosed public place shall ensure that all persons working at the enclosed public place are trained in the requirements of the policy.
(12) Every person who is an owner or operator of an enclosed public place shall provide a copy of the face covering policy for inspection by any persons authorized to enforce this by-law.
(13) Every person who is the owner or operator of an enclosed public place shall post clearly visible signage conspicuously at all entrances to the enclosed public place containing the following text in a minimum font size of 24 point:
Protect each other Wear a face covering Cover your nose, mouth, and chin Required by the Face Covering By-law Does not apply to children under the age of five and those who are unable to wear a face covering as a result of a medical condition or a disability.
(14) Every person who is the owner or operator of an enclosed public space shall provide hand sanitizer with a minimum 70% alcohol content, at all public entrances and exits at all times for the use of members of the public attending the enclosed public place.
(15) A “person” in subsection (10) of this section shall include, but not be limited to, a corporation.
2. This By-law may be enforced by:
(1) A provincial offences officer of a lower tier municipality or The Regional Municipality of Niagara or other person appointed under the authority of a municipal by-law to enforce municipal by-laws;
(2) A public health inspector acting under the direction of the Medical Officer of Health;
(3) A police officer of the Niagara Regional Police Service;
(4) Such other person as designated from time to time by The Regional Municipality of Niagara.