TAMRMS#: B06
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Face Coverings Bylaw 44/2020 (1st, 2nd and 3rd Readings)
Presented by: Percy Janke, Director of Emergency Management, EOC
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RECOMMENDED MOTIONS
recommendation
1. That Bylaw 44/2020, a bylaw to amend the Face Coverings Bylaw, be read a first time.
2. That Bylaw 44/2020 be read a second time.
3. That unanimous consent be given for consideration of third reading of Bylaw 44/2020.
4. That Bylaw 44/2020 be read a third time.
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PURPOSE OF REPORT
The purpose of this report is to recommend that Council pass an amendment to the Face Coverings Bylaw to provide that the Bylaw will be suspended and not in effect during whatever period of time an Order of the Chief Medical Officer of Health dealing with the same subject matter, is in effect in St. Albert
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
N/A
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
N/A
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
N/A
BACKGROUND AND DISCUSSION
The Face Coverings Bylaw was passed on August 6, 2020 and has been in effect since that time, with an amendment passed on October 22, 2020. The Bylaw includes a “sunset clause” providing that it will be automatically repealed on December 31, 2020.
On November 24, 2020, the Chief Medical Officer of Health for Alberta issued Order 38-2020 which included provisions with respect to mandatory wearing of masks at indoor locations to which the public has access, and certain exclusions or exceptions to the basic requirement of masking. Order 38-2020 was applicable in St. Albert although not in all parts of Alberta. Then on December 8, 2020 Order 38-2020 was rescinded and replaced with Order 41-2020 that contained essentially the same masking requirements and exceptions but was applicable throughout the Province.
The result is that both the Bylaw and the CMOH Order, dealing with masks/face coverings, are in effect in St. Albert at the same time. Legally this is possible since the Order (as legislation of a higher level of government) would typically prevail over the Bylaw from an enforcement perspective, but practically it is an invitation to confusion to have two pieces of legislation that deal with the same subject matter in different ways,
Accordingly, Administration is recommending that Council pass an amendment to the Face Coverings Bylaw to suspend the operation of the Bylaw while Order 41-2020 (or any successor order that deals with masking) is in effect in St. Albert. This amendment would replace the current clause that automatically repeals the Face Coverings Bylaw at midnight on December 31, 2020, but the Bylaw would cease to be in effect from the moment amending Bylaw 44-2020 is signed by the Mayor and City Clerk -- which would typically be within 24 hours of the date on which it receives third reading.
If the CMOH chooses to rescind her masking orders, Council could at that time determine if they wish to have the Face Coverings Bylaw come back into effect in its current form, or with amendments, or repeal it. By passing proposed amending Bylaw 44-2020 before December 31 2020, Council will ensure that there will not be a “legislative gap” and that some type of face mask/ face covering requirement will continue to be in force in St. Albert even if the Province is no longer regulating, until Council makes a conscious choice as to what they wish to do about mandatory masking.
Comparing Chief Medical Officer of Health Order 42-2020 (current successor order) to St. Albert’s Face Coverings Bylaw 32/2020:
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Face Covering Bylaw |
CMOH Order 42-2020 |
Alignment |
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Description of Face Covering: |
“Face Covering” means a medical or non-medical mask or other face covering that covers the nose, mouth and chin and includes a Face Shield |
A “face mask” means a medical or non-medical mask or other face covering that covers a person’s nose, mouth and chin |
Aligns |
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Exceptions: |
Face Covering Bylaw |
CMOH Order 42-2020 |
Alignment to CMOH Order |
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Age |
Under the age of ten |
Child under age two |
Not permitted |
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Assistance |
Unable to place, use, or remove without assistance |
Unable to place, use, or remove without assistance |
Permitted |
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Food & Drink |
Consuming food or drink while seated in a designated food and drink seating area; or as part of a religious or spiritual ceremony |
Is consuming food or drink |
Food or drink permitted. Religious or spiritual ceremony silent in CMOH Order |
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Physical Activity |
Engaged in swimming or other water activities, or engaged in physical exercise or other physical activity, with an area designated for such activities. |
Is engaging in physical exercise |
Permitted |
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Disability or Limitation |
Providing or receiving care or assistance for a mental or physical disability or limitation and a Face Covering would have hindered providing or receiving that caregiving or assistance |
Is providing or receiving care or assistance where a face mask would hinder that caregiving or assistance |
Aligns |
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Workstation |
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Is alone at a workstation and separated by at least 2 metres distance from all other persons |
Not in bylaw |
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Hazard Assessment |
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Is the subject of a workplace hazard assessment in which it is determined that the person’s safety will be at risk if the person wears a mask while working |
Not in bylaw |
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Bylaw |
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Is separated from every other person by a physical barrier that prevents droplet transmission |
Not in bylaw, except in Transit exception |
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Temporary removal |
Engaged in services that require temporary removal |
Temporary removal required: to receive a service |
Permitted |
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Temporary removal required: an emergency or medical purpose |
Not in bylaw |
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Temporary removal required: establishing their identity |
Not in bylaw |
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Disability or Limitation |
Is unable to wear a Face Covering due to a mental or physical condition disability or limitation, or other grounds for protection from discrimination under the Alberta Human Rights Act |
Is unable to wear a face mask due to a mental or physical concern or limitation |
Permitted. Does not include reference to Alberta Human Rights Act |
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Consultation |
Providing or receiving a service that requires personal consultation if that activity occurs in a closed office or meeting room and all participants in the personal consultation have at all times physical separation of at least 2 metres from each other |
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Not permitted |
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Theatre |
A participant in a dance, theatrical or musical public performance, if all participants in the performance maintained at least 2 metres of physical distance from each other and did not entre where the public was viewing the performance |
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Not permitted |
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Transit |
A transit Operator, if barriers were in place to create physical screening between the Transit Operator and passengers in the Transit Vehicle |
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Permitted |
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Ranching |
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A person does not need to wear a face mask while working at a farming or ranching operation, unless the person is interacting with a member of the public. |
Not in bylaw |
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Other |
Face Covering Bylaw |
CMOH Order 42-2020 |
Alignment |
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Harassment |
No person shall in any manner harass or attempt to intimidate a person who is not guilty of an offence while not wearing a Face Covering as a result of any provision of Section 4. |
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Not in CMOH order |
Face Coverings and Virus Transmission
The CMOH has recommended the use of face coverings and has introduced the use of face coverings as an enhanced measure to reduce the spread of COVID-19.
Wearing a face covering in public is one measure individuals can take to limit the transmission of COVID-19 and make additional measures including physical distancing, hand hygiene, enhanced cleaning, and staying home when sick more effective.
Data supporting public use of non-medical masks to reduce community spread of COVID-19 is available from the Government of Alberta’s updated Non-Medical Mask information at <https://www.alberta.ca/assets/documents/covid-19-non-medical-masks.pdf>.
On December 3, 2020 the Proceedings of the National Academy of Sciences published an updated study indicating face masks reduced the number of COVID-19 infections by as much as 75% over a period of 20 days. The published article can be found at <https://www.pnas.org/content/early/2020/12/02/2015954117>.
Compliance Approach
St. Albert’s regulatory approach has been to provide education first to gain individual, community and business voluntary compliance.
St. Albert Municipal Enforcement Services (MES) monitors compliance levels throughout the community and provides regular COVID-19 Mask Bylaw Reports. Enforcement reports identify compliance continues to increase throughout the community.
From August 4 to November 30, MES has completed 1264 patrols/site visits, issued 460 total warnings/educations, and issued 2 tickets. Thirty eight site visits were requested by residents and 3 were from businesses.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
Regional practice varies, but can be summarized as follows:
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Municipality/County |
Trigger |
Criteria to Rescind |
Expiry |
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Edmonton |
N/A |
N/A |
December 31, 2021 |
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Fort Saskatchewan |
10 or more cases |
Council resolution |
No |
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Strathcona Country |
25 or more cases |
N/A |
March 31, 2021 |
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Spruce Grove |
Watch status |
30 days after provincial watch ends |
No |
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Leduc |
10 or more cases |
N/A |
No |
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Beaumont * |
N/A |
N/A |
January 31, 2021 |
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Stony Plain |
Watch status |
14 days after provincial watch ends |
When Public Health Orders end |
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Morinville |
Watch status |
14 days after provincial watch ends |
March 31, 2021 |
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Sturgeon County |
Watch status |
14 days after provincial watch ends |
December 31, 2020 |
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Parkland County |
Watch status |
30 days after provincial watch ends |
No |
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County of Leduc |
N/A |
N/A |
N/A |
*Beaumont has a council meeting scheduled for December 17, 2020 to review their Face Covering Bylaw. A verbal update on the status of Beaumont’s bylaw will be provided during the Face Covering presentation on December 21, 2020.
Within the province practices vary, but can be summarized as follows:
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Municipality/County |
Trigger |
Criteria to Rescind |
Expiry |
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Calgary |
N/A |
N/A |
No |
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Banff |
N/A |
N/A |
No |
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Lethbridge |
N/A |
N/A |
February 23, 2021 |
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Airdrie |
Enhanced status |
14 days after enhanced status ends |
When Province discontinues use of COVID-19 Relaunch Status |
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Okotoks |
15 or more cases |
Active cases under 15 for 30 consecutive days |
No |
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Red Deer |
N/A |
N/A |
March 1, 2021 |
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Grande Prairie |
N/A |
N/A |
January 31, 2021 |
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Regional Municipality of Wood Buffalo |
50 or more cases |
Active cases under 50 for 30 consecutive days |
January 31, 2021 |
IMPLICATIONS OF RECOMMENDATION(S)
Financial:
N/A
Legal / Risk:
N/A
Program or Service:
N/A
Organizational:
N/A
ALTERNATIVES AND IMPLICATIONS CONSIDERED
1. Council could leave the Face Coverings Bylaw in place as it is now, unamended
2. Council could repeal the Face Coverings Bylaw
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Report Date: December 21, 2020
Author: Percy Janke
Department: EOC
Deputy Chief Administrative Officer: Kerry Hilts
Chief Administrative Officer: Kevin Scoble