File photo of a cloth mask courtesy of © Can Stock Photo / rukawajungFile photo of a cloth mask courtesy of © Can Stock Photo / rukawajung
Chatham

Mask bylaw exempts young kids, people with breathing difficulties

As of 12:01 a.m. Friday, you'll need to be wearing a mask if you're inside a public space in Chatham-Kent.

Council passed a bylaw on Monday night that makes it mandatory for every person who enters an enclosed public space to wear a mask that covers their mouth, nose, and chin.

The passing of the bylaw came as welcome news for Chatham woman Tera Fox. Fox was behind a petition pushing for mandatory masks in the municipality. Prior to Monday night, Chatham-Kent was one of the few municipalities in Ontario that did not have a mandatory mask order.

"I'm just very happy with the results of what happened on [Monday] night," said Fox. "I'm looking forward to trying to encourage this in the community and stepping up and doing whatever I can to inform people and help with their questions."

The bylaw defines an enclosed public space as "the interior area of any building or structure to which the public is invited or permitted to access, either expressly or by implication regardless of whether a fee is charged for entry, in order to receive or provide goods or services."

This includes:

-Restaurants, cafes, cafeterias, banquet halls

-Retail establishments and shopping malls

-Churches, mosques, synagogues, temples and other places of worship

-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

-Sports facilities, sports clubs, yoga studios, gyms, dance studios and stadiums

-Hotels, motels or short-term rental premises

-Temporary facilities, such as construction trailers and temporary sales office

-Municipal facilities and any community centre, cultural, arts or leisure centre, recreational or sporting facility, parks building, client service or indoor parking facility

-Other businesses, organizations and places that are permitted to operate in accordance with the Emergency Orders passed by the Province on Ontario pursuant to the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, as amended

-Premises under the control of a regulated health professional under the Regulated Health professions Act, 1991, c. 18, as amended

Meanwhile, the following are not considered an enclosed space under the bylaw

-Schools under the Education Act, R.S.O 1990, E.2, as amended

-Childcare centres and providers governed by the Child Care and Early Years Act

-Any isolation/homeless shelter operated by, or on the behalf of, the municipality

-Portions of buildings that are being used for the purpose of providing day camps

-Offices of professional service providers such as lawyers and accountants where clients receive services in areas not open to the public

There are several people who will be exempt from the bylaw including children under the age of nine, anyone with a medical condition including cognitive or breathing difficulties, a disability that prevents them from safely wearing a mask, and anyone who cannot put on or remove a mask without assistance.

Masks will be allowed to be temporarily removed while eating or drinking, for emergency or medical purposes, while receiving a service that requires the removal of a mask, or while actively engaging in an athletic or fitness activity including water-based activities.

Employees who work at an indoor public space will be permitted to remove a mask while in any area that isn't designated for public access or while behind a physical barrier such as plexiglass.

The bylaw also notes that anyone who operates a public space is to ensure that individuals who are not wearing a maks are issued a verbal reminder and ensure that clearly visible signage is displayed stating that masks are mandatory.

The bylaw comes into effect at 12:01 a.m. on Friday.  Anyone who is convicted of an offence under the bylaw 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.

Fox said she's pleased with the way the bylaw was written.

"It looks pretty good... It seems pretty standard as compared with the other bylaws that are out in different municipalities," she said. "I think it's a great starting point."

The bylaw passed by a vote of 11-6. Councillors Joe Faas, Amy Finn, Mary Clare Latimer, Jamie McGrail, Steven Pinsonneault, and John Wright voted against the motion. Mark Authier, Anthony Ceccacci, Marjorie Crew, Aaron Hall, Melissa Harrigan, Karen Kirkwood-Whyte, Brock McGregor, Carmen McGregor, Doug Sulman, Trevor Thompson, and Mayor Darrin Canniff voted in favour. Councillor Michael Bondy was not present for voting.

The full bylaw can be viewed on the municipality's website by clicking here. 

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