A by-law of the City of Ottawa of temporary application requiring that masks be worn in certain prescribed spaces to limit the spread of COVID-19. (By-law No. 2020 - 251)
WHEREAS pursuant to subsection 8(3) of the Municipal Act, 2001, S.O. 2001, c.25 (the “Municipal Act”), municipalities may regulate or prohibit, or require persons to do certain things respecting a matter;
AND WHEREAS pursuant to subsection 10(2), paragraphs 6 and 8, of the Municipal Act, a municipality may pass by-laws respecting the health, safety, and well-being of persons, and the protection of persons;
AND WHEREAS on March 17, 2020, an emergency was declared in the Province of Ontario (Order in Council 518/2020) pursuant to Section 7.1 of the Emergency Management and Civil Protection Act due to the spread of the Novel Coronavirus, which causes COVID-19, a disease that is communicable from person to person close contact, primarily through respiratory droplets that are released through the nose and mouth;
AND WHEREAS COVID-19 carries the risk of serious complications such as pneumonia and respiratory failure, and may cause death;
AND WHEREAS on March 11, 2020, the World Health Organization declared the spread of COVID-19 to be a pandemic;
AND WHEREAS on March 25, 2020, Mayor Jim Watson declared a state of emergency for the City of Ottawa due to the spread of COVID-19 in Ottawa;
AND WHEREAS the vast majority of persons in Ottawa remain susceptible to COVID-19 and it continues to be transmitted in Ottawa, and with the resurgence of COVID-19 being observed in many countries new outbreaks of COVID-19 could occur in Ottawa at any time, and there is increasing scientific evidence of the effectiveness of masks to prevent community transmission leading to provincial, national and international public health organizations recommending the wearing of masks when physical distancing cannot be assured;
AND WHEREAS, in light of the public health emergency caused by the spread of COVID-19, it is therefore deemed desirable to put into place temporary regulations requiring persons to wear masks in enclosed public spaces where close contact between persons is likely and increases the risk of spreading COVID-19, subject to certain exceptions;
AND WHEREAS the temporary mandatory requirement to wear masks in enclosed public spaces is further deemed to be a reasonable, practicable and effective method of limiting the spread of COVID-19 for the health, safety and well-being of residents of the City of Ottawa;
THEREFORE the Council of the City of Ottawa enacts as follows:
Section 1 - Definitions
In this by-law:
“Building Operator” means the person who controls, governs, directs, or is responsible for the oversight of the Enclosed Common Areas of a Condominium or Multi-Unit Residential Building and may include the board of directors, corporation, owner, landlord, or manager; (By-law. No 2020 - 251)
“Condominium” means a residential building governed under the Condominium Act, 1998, S.O. 1998, c.19, as amended; (By-law. No 2020 - 251)
“Council” means the elected municipal council of the City of Ottawa;
“Designated Unenclosed Public Space” means any outdoor space to which the public is invited or permitted access, either expressly or by implication regardless of whether a fee is charged for entry, and includes City-owned or leased lands, including but not limited to a municipal highway or a sidewalk, and that is established by Order issued by the General Manager in accordance with Section 3A of this by-law; (By-law. No 2020 - 251)
“Enclosed Common Area” means an interior shared space or amenity, including but not limited to an entrance, lobby, laundry room, elevator or gym, found in a Condominium or Multi-Unit Residential Building; (By-law. No 2020 - 251)
“Enclosed Public Space” means the interior area of any building or structure to which the public is invited or permitted access, either expressly or by implication regardless of whether a fee is charged for entry, in order to receive or to provide goods or services, including but not limited to the public areas of the following:
(a) restaurants, cafés, cafeterias, banquet halls;
(b) retail establishments and shopping malls;
(c) churches, mosques, synagogues, temples, or other places of worship;
(d) libraries, museums, art galleries, recreational facilities, bingo halls, cinemas, theatres, concert venues, special event venues, convention centres, or other similar entertainment, cultural, or leisure facilities;
(e) sports facilities, sports clubs, gyms, yoga studios, dance studios, and stadiums;
(f) hotels, motels, or short-term rental premises;
(g) premises under the control of a regulated health professional under the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as amended;
(h) hospitals and independent health facilities, such as lobbies, food courts and cafeterias, and shops;
(i) temporary facilities, such as construction trailers and temporary sales offices;
(j) municipal facilities, including City Hall (110 Laurier Avenue West, and any community centre, cultural, arts or leisure centre, recreational or sporting facility, parks building, client service centre or indoor parking facility; and,
(k) other businesses, organizations and places that are permitted to operate in accordance with regulations made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c.17, or any successor legislation thereto; and, (By-law No. 2020 - 251)
(kk) vehicles-for-hire, namely taxicabs, limousines and private transportation company vehicles, as prescribed by the Vehicle-For-Hire By-law (2016-272), as amended, while they are providing services to the public; (By-law No. 2020 - 251)
but the following are not considered an Enclosed Public Space for the purposes of this by-law:
(l) schools under the Education Act, R.S.O. 1990, c. E.2, as amended;
(m) childcare centres and providers governed by the Child Care and Early Years Act, 2014, S.O. 2014, c. 11, as amended;
(n) portions of buildings that are being used for the purpose of providing day camps;
(o) offices of professional service providers such as lawyers and accountants where clients receive services in areas not open to the general public; and
(p) Public Transit Properties, which are separately regulated under Section 5 of this by-law.
“General Manager” means the General Manager of the Emergency Services Department of the City of Ottawa, and includes an authorized delegate; (By-law. No 2020 - 251)
“Mask” means a cloth (non-medical) mask, medical mask or other face covering such as a bandana or scarf, that securely covers the nose, mouth and chin, and is in contact with the surrounding face without gapping, and filters respiratory droplets;
“Medical Officer of Health” means the Medical Officer of Health for the Board of Health for the City of Ottawa Health Unit or an Associate Medical Officer of Health for the Board of Health for the City of Ottawa Health Unit that is acting under the authority of the Medical Officer of Health; (By-law. No 2020 - 251)
“Multi-Unit Residential Building” means a building used primarily for residential purposes, containing more than one individual dwelling unit; (By-law. No 2020 - 251)
“Operator” means the person who controls, governs, directs, or is responsible for the activity carried on within the Enclosed Public Space and includes the person who is actually in charge at any particular time; and,
“Person” includes an individual, a corporation, a partnership, and an association, as applicable; and (By-law No. 2020 - 251)
“Order” means an order issued pursuant to this by-law to limit the risk and spread of COVID-19; (By-law. No 2020 - 251)
“Rescission” means the revocation of an Order issued under this by-law. (By-law. No 2020 - 251)
Section 2 - Exemptions
- This by-law does not apply to:
- a child who is younger than two (2) years of age, or a child who is under five (5) years of age chronologically or developmentally and who refuses to wear a Mask and cannot be persuaded to do so by their caregiver;
- a person with a medical condition, including breathing or cognitive difficulties, or a disability, that prevents them from safely wearing a Mask,
- a person who is unable to put on or remove their Mask without the assistance of another person; and,
- a person who needs to temporarily remove their Mask while in the Enclosed Public Space, Designated Unenclosed Public Space, or Enclosed Common Area of a Condominium or Multi-Unit Residential Building for the purposes of:
- receiving services that require the removal of their Mask;
- actively engaging in an athletic or fitness activity including water-based activities, including lifeguards working at indoor pools;
- consuming food or drink; or
- an emergency or medical purpose. (By-law No. 2020 - 251)
- No person shall be required to provide proof of any of the exemptions set out in subsection (1).
- A person who is employed by or is an agent of the Operator of an Enclosed Public Space is not obligated to wear a Mask under this by-law while:
- in an area of the premises that is not designated for public access, or
- when located either within or behind a physical barrier, including but not limited to a plexiglass barrier.
Section 3 - Mandatory mask
- Subject to Section 2, every person who enters or remains in:
- an Enclosed Public Space,
- a Designated Unenclosed Public Space, or
- an Enclosed Common Area of a Condominium or Multi-Unit Residential Building, shall wear a Mask in a manner that covers their mouth, nose, and chin. (By-law No. 2020 - 251)
Section 3A - Delegation of authority – Designated unenclosed public space
- The General Manager is authorized to issue an Order establishing a Designated Unenclosed Public Space, including setting out prescribed days or times of the day for the purposes of Section 3, provided that the General Manager is first satisfied that an Order is necessary for public health and safety, and that:
- the Medical Officer of Health confirms in writing to the General Manager that an Order is necessary for the furtherance of public health and safety;
- the affected Ward Councillor and the affected Business Improvement Area, as applicable, have been notified;
- an Order shall expire within sixty (60) days of the date of issuance, unless otherwise stated to expire on an earlier date, as specified in the Order;
- an Order shall apply to a limited geographic area no greater than is necessary to address the factors set out in paragraphs (a) and (b) of subsection (3); and,
- for greater clarity, any and all Orders are rescinded immediately upon the date and time that this by-law is no longer in effect.
- The General Manager is authorized to issue a Rescission to remove a Designated Unenclosed Public Space, as established under Section 3A(1), provided that the General Manager is first satisfied that the Rescission is appropriate for public health and safety, and that:
- the Medical Officer of Health confirms in writing to the General Manager that a Rescission is appropriate for public health and safety;
- the affected Ward Councillor and the affected Business Improvement Area, as applicable, have been notified.
- In issuing an Order or a Rescission in accordance with subsections (1) and (2), the General Manager will consider:
- the number of substantiated complaints received, or circumstances noted through investigations by, the Emergency and Protective Services Department about the wearing of masks by general public while congregating in the Designated Unenclosed Public Space; and,
- the size and dimensions of the Designated Unenclosed Public Space and whether 2-meter physical distancing is practicable by the general public when congregating there.
- An Order or Rescission issued by the General Manager:
- may be served personally by a By-law Officer, or by regular mail, on the owner or owners of the Designated Unenclosed Public Space,
- may be posted in a conspicuous place on the property of the Designated Unenclosed Public Space, or,
- where the Designated Unenclosed Public Space applies to City-owned or leased lands, including a municipal highway, the Order or Rescission may be posted on the City of Ottawa website or other electronic medium, thereby giving public notice of same.
- The exercise of delegated authority pursuant to subsections (1) and (2) shall be reported to Council by electronic memorandum from the General Manager within seven (7) business days of the exercise of authority. (By-law No. 2020 - 251)
Section 4 - Duty of operator
- The Operator of an Enclosed Public Space shall ensure that every person who is not wearing a Mask while in the premises is provided with a verbal reminder to do so as soon as practicable following entry, and if applicable, of the exemptions set out in Section 2.
- The Operator of an Enclosed Public Space shall post, at every entrance to the premises used by the public, prominent and clearly visible signage that contains the following messages:
All persons entering or remaining in these premises must wear a mask that covers the nose, mouth, and chin as required under City of Ottawa By-law 2020-186. (By-law No. 2020 - 251)
Toutes les personnes qui entrent ou restent dans ces locaux doivent porter un masque qui couvre le nez, la bouche et le menton, comme l’exige le règlement 2020-186 de la Ville d’Ottawa. (By-law No. 2020 - 251)
- The Operator of an Enclosed Public Space shall ensure the availability of alcohol-based hand rub at all public entrances and exits of the premises.
Section 4A - Duty of Building operator
- The Building Operator of a Condominium or Multi-Unit Residential Building shall post, at every entrance to the premises, prominent and clearly visible signage that contains the following messages:
All persons entering or remaining in the enclosed common areas of these premises must wear a mask that covers the nose, mouth, and chin as required under City of Ottawa By-law 2020-186.
Toutes les personnes qui entrent ou restent dans les espaces communs fermés de ces locaux doivent porter un masque qui couvre le nez, la bouche et le menton, comme l’exige le règlement 2020-186 de la Ville d’Ottawa.
- The Building Operator of a Condominium or Multi-Unit Residential Building shall ensure the availability of alcohol-based hand rub at all entrances to the premises. (By-law No. 2020 - 251)
Section 5 - Public transit property
- Subject to Section 2, every person who enters or remains on public transit property must wear a Mask in a manner that covers their mouth, nose, and chin.
- For the purposes of this Section, public transit property means the areas accessible to the public of any bus, train, station, platform, shelter, Para Transpo vehicle, and contracted taxicab that are used by the City of Ottawa for the provision of its passenger transportation system.
Section 6 - Interpretation
- Nothing in this by-law is in intended to conflict with a Federal or Provincial statute, regulation or order, including an order made under the Emergency Management and Civil Protection Act, R.S.O. 1990, c.E.9, as amended.
- Where there is a conflict between a provision of this by-law and any Federal or Provincial statute, regulation or order, as described in subsection (1), the more restrictive provision shall apply.
Section 7 to 9 - Offences and penalties
Any person who contravenes any of the provisions of this by-law is guilty of an offence.
Any person who hinders or obstructs a person lawfully carrying out the enforcement of this by-law is guilty of an offence.
- Every person who is convicted of an offence under this by-law is liable to a minimum fine not exceeding $500 and to a maximum fine not exceeding $100,000 for each day that the offence occurs or continues pursuant to subsections 429(1), (2) and (3) of the Municipal Act, 2001, and all such offences are designated as continuing offences as provided for in subsection 429(2), paragraph 2, of the Municipal Act, 2001.
- In addition to subsection (1), the total of all daily fines for the offence is not limited to $100,000 as provided for in subsection 429(3), paragraph 2, of the Municipal Act, 2001.
- When a person has been convicted of an offence under this by-law, the Ontario Court of Justice or any court of competent jurisdiction may, in addition to any penalty imposed on the person convicted, issue an order
- prohibiting the continuation or repetition of the offence by the person convicted; and
- requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate.
Section 10 - Effective date and term
- This by-law shall come into effect upon enactment.
- This by-law is deemed to no longer be in effect and shall be repealed at 12:01 a.m. on August 26, 2021, unless it is extended by Council. (By-law 2021-55)
Section 11 - Short title
This by-law may be cited as the “Temporary Mandatory Mask By-law”. ENACTED AND PASSED this 15th day of July 2020.