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Halton Region Passes By-Law Requiring Face Coverings in Enclosed Public Places


  • July 16, 2020

On Wednesday, July 15 Regional Council for the Regional Municipality of Halton approved a temporary By-Law (By-Law 47-20) requiring non-medical masks/face coverings to be worn in all indoor public spaces that are accessible to the public.

The By-law is in effect as of 12:01am on Wednesday, July 22nd, to help prevent the spread of COVID-19 in Halton Region.

Information for Business Owners & Operators

Summary of requirements:

You must create a mask policy for your establishment to ensure that no member of the public is permitted entry to, or otherwise remains within the establishment. View a sample mask policy.

You must provide a copy of this policy for inspection by any person authorized to enforce this By-law.

You must communicate this new policy to staff and customers.

All staff must be trained in the requirements of the policy and this By-law.

All staff, customers or visitors must wear a mask indoors, with some exceptions (listed below).

Proof is not required if someone has an exemption.

No person shall be discriminated against for not wearing a non-medical mask/face covering due to an exemption.

Clear, visible signage with the following text must be posted at all entrances to the public establishment:

ALL PERSONS ENTERING OR REMAINING IN THESE PREMISES SHALL WEAR A NON-MEDICAL MASK OR FACE COVERING WHICH COVERS THEIR NOSE, MOUTH AND CHIN AS REQUIRED UNDER THE REGIONAL MUNICIPALITY OF HALTON BY-LAW 47-20. THE FOLLOWING PERSONS SHALL BE EXEMPT FROM THE REQUIREMENT TO WEAR A NON-MEDICAL MASK / FACE COVERING IN ENCLOSED PUBLIC PLACES WITHIN HALTON REGION:

i. the person is under three years of age chronologically;

ii. the person is under three years of age developmentally and they refuse to wear a Mask or Face Covering and cannot be persuaded to do so by their caregiver;

iii. the person has an underlying medical condition where wearing a Mask or Face Covering would inhibit the person’s ability to breathe in any way;

iv. the person may experience a negative impact to their emotional well-being or mental health;

v. the person has a developmental disability which inhibits their ability to wear a mask or face covering;

vi. the person has a disability whereby the wearing of a mask or face covering would limit their ability to reasonably communicate with others or otherwise present a hardship for a person or persons assisting the individual;

vii. the person is unable to place or remove a Mask or Face Covering without assistance;

viii. employees and agents of the person responsible for the Public Place within an area designated for them and not for public access, or within or behind a physical barrier;

Please be respectful of the rights of individuals who are exempt from wearing a mask in conformity with the exemptions provided in the Bylaw.

To report an incident of noncompliance, contact the Halton Regional Police Service COVID19 Hotline: 905-825-4722.

Every person who contravenes any provision of this By-law is guilty of an offence, and on conviction, is liable to a fine as provided for in the Provincial Offences Act.


Public spaces that must follow the by-law:

The By-law applies to all places in that the public has access to within the following:

· premises or any portion thereof which are used as a place of business for the sale or offering for sale of goods or services

· churches, mosques, synagogues, temples and other places or worship

· community centres including indoor recreational facilities

· libraries, art galleries, museums, aquariums, zoos and other similar facilities

· community service agencies providing services to the public, including municipal administrative buildings

· banquet halls, convention centres, arenas, stadiums, and other event spaces

· premises utilized as an open house, presentation centre, or other facility for real estate purposes

· common areas in hotels, motels and short-term rentals (e.g. lobbies, elevators, meeting rooms and other common use facilities)

· concert venues, theatres, cinemas, casinos, and other entertainment facilities

· public and private transportation services (Taxis, Private Limousine Services, Uber, Lyft and other similar ride programs).


*The By-law allows for temporary removal of a mask or face covering when receiving services (such as having a meal) or while actively engaging in an athletic or fitness activity.

**Except when engaging in a fitness activity (e.g. swimming) that would make wearing a mask difficult or hazardous.


Establishments exempt from this By-law:

The By-law does not apply to the following premises, even if they would fall under the definition of an establishment:

· schools and post-secondary institutions

· child care facilities

· correctional centres and jails

· hospitals, independent health facilities, offices regulated by health processionals

· staff-only areas within a Public Place

· court facilities and professional offices where clients receive purchased services (e.g. lawyer or accountant office) that are not open to members of the public except by appointment

· indoor areas of a building accessible to only employees

· indoor/outdoor day care and day camps

Face Covering Requirements, Exemptions & Enforcement


Face Coverings:

Face coverings (including a mask, balaclava, bandanna, scarf) are to be constructed of cloth, linen or other similar fabric that fits securely to the head and are large enough to completely and comfortably cover the mouth, nose and chin without gaping. Learn how to safely use a non-medical mask or face covering.


Exemptions:


Certain facilities are exempt from the By-law, including schools, daycares, hospitals and health care offices. It also exempts portions of buildings used for day camps or for sports training as permitted by the Province.

Exemptions also include persons:

1. Under the age of three chronologically

2. Under the age of three developmentally and they refuse to wear a mask or face covering and cannot be persuaded to do so by their caregiver

3. Who have an underlying medical condition where wearing a mask or face covering would inhibit the person's ability to breathe in any way

4. Who may experience a negative impact to their emotional well-being or mental health

5. Who has a developmental disability which inhibits their ability to wear a mask or face covering

6. Who has a disability whereby the wearing of a mask or face covering would limit their ability to reasonably communicate with others or otherwise present a hardship for a person or persons assisting the individual

7. Who are unable to place or remove face coverings without assistance

8. Temporarily removing their mask/face covering when necessary for receiving services (such as having a meal), or while actively engaging in athletic or fitness activity

9. Employees and agents of the person responsible for the Public Place within an area designated for them and not for public access, or within or behind a physical barrier


No person shall be discriminated against for not wearing a non-medical mask/face covering due to an exemption.


Employees or members of the public do not have to provide proof of any of the exemptions listed above.

This By-law shall be deemed to no longer be in effect, and revoked at 11:59pm on November 30, 2020, unless extended by Regional Council.

Health & Safety


Halton Region Public Health is reminding residents and businesses that important public health measures and direction remain in place as the COVID-19 pandemic and emergency continues. We must protect the progress we have made together so we can continue to move forward, not backwards.

Please continue to take public health direction seriously and:

· when out in public, practice physical distancing (social distancing) by maintaining a 2-metre (6-foot) distance from those outside of your social circle;

· wear a non-medical mask in public when physical distancing cannot be maintained;

· wear a face covering or non-medical mask in public indoor spaces, in addition to maintaining physical distancing;

· wash your hands frequently;

· stay close to home as much as possible;

· stay home if you feel unwell; and

· get tested for COVID-19 if you have a symptom or are concerned that you have been exposed.