TAMRMS#: B06
8.4
title
Bylaw 41/2021 - Amendment to Face Coverings Bylaw (1st, 2nd and 3rd Readings)
Presented by: Percy Janke, Director of Emergency Management, EOC
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RECOMMENDED MOTIONS
...recommendation
1. That Bylaw 41/2021, being amendment 3 to Bylaw 32/2020, be read a first time.
2. That Bylaw 41/2021 be read a second time.
3. That unanimous consent be given for consideration of third reading of Bylaw 41/2021.
4. That Bylaw 41/2021 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of this report is to recommend that Council pass an amendment to the Face Coverings Bylaw to provide that the Bylaw be repealed upon removal of provincial mandatory masking requirements.
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 was amended on October 22, 2020 to provide that a face covering includes the device commonly known as a face shield. The Bylaw originally included a “sunset clause” providing that it will be automatically repealed on December 31, 2020.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 Then on December 8, 2020 Order 38-2020 was rescinded and replaced with Order 41-2020 that contained essentially the same masking requirements and exceptions but was applicable throughout the Province.
In response to the CMOH's Orders 38 and 41, on December 21, 2020 Council amended the Face Coverings Bylaw to suspend the operation of the Bylaw so that only the provincial masking requirements would be in effect. The intention was to reduce confusion by ensuring that only a single set of "masking rules" would be in effect in St. Albert at any particular time
The December 21, 2020 amendment also repealed the original sunset clause and substituted a provision that the Face Coverings Bylaw will come back into force and effect when the provincial mask mandate is removed. Council also passed a resolution on December 21, 2020 directing Administration to bring the Bylaw back to Council within 14 days of the provincial masking requirements ending. The intention at that time was that Council would decide what to do about masking in St. Albert, when the Province has removed its masking requirements, but that there should be no "gap" in the law until Council has the chance to make a decision.
On May 26, 2021 the province announced Alberta’s Open for Summer Plan which will remove province wide health measures in three stages as vaccine targets are reached and hospitalizations decline. Stage 1 commenced on June 1, 2021 with increased gathering sizes, outdoor physical, performance and recreation activities with masking plus distancing requirements still remaining in effect. Stage 3 of the plan has all restrictions lifted, including the ban on indoor social gatherings, thus Stage 3 will be when all masking requirements are removed. Stage 3 is anticipated to occur as early as June 28, 2021. The province has signaled that depending on vaccination rates and hospitalizations decreasing that summer festivals like Stampede and Westerner Fair could return this summer.
Therefore, Administration is recommending that Council pass an amendment to the Face Coverings Bylaw to provide that the Bylaw is automatically repealed when Stage 3 of Open for Summer arrives and the Province removes its mandatory masking measures.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
Regional practice varies, but can be summarized as follows:
|
Municipality/County |
Trigger |
Criteria to Rescind |
Expiry |
|
Edmonton |
N/A |
N/A |
December 31, 2021 |
|
Fort Saskatchewan |
10 or more cases |
Council resolution |
No |
|
Strathcona Country |
N/A |
N/A |
Expired |
|
Spruce Grove |
Watch status |
30 days after provincial watch ends |
No |
|
Leduc |
10 or more cases |
N/A |
No |
|
Beaumont |
N/A |
N/A |
Expired |
|
Stony Plain |
Watch status |
14 days after provincial watch ends |
When Public Health Orders end |
|
Morinville |
Watch status |
14 days after provincial watch ends |
June 30, 2021 |
|
Sturgeon County |
N/A |
N/A |
Expired |
|
Parkland County |
Watch status |
30 days after provincial watch ends |
No |
|
County of Leduc |
N/A |
N/A |
N/A |
Within the province practices vary, but can be summarized as follows:
|
Municipality/County |
Trigger |
Criteria to Rescind |
Expiry |
|
Calgary |
N/A |
N/A |
No |
|
Banff |
N/A |
N/A |
No |
|
Lethbridge |
N/A |
N/A |
December 31, 2021 |
|
Airdrie |
Enhanced status |
14 days after enhanced status ends |
When Province discontinues use of COVID-19 Relaunch Status |
|
Okotoks |
15 or more cases |
Active cases under 15 for 30 consecutive days |
No |
|
Red Deer |
N/A |
N/A |
June 1, 2021 |
|
Grande Prairie |
N/A |
N/A |
Expired |
|
Regional Municipality of Wood Buffalo |
50 or more cases |
Active cases under 50 for 30 consecutive days |
No |
Partners indicate they are in reviewing their face covering bylaws and what to do after the province reaches stage 3 of Open for Summer.
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 Covering Bylaw now, not waiting for Stage Three of "Open for Summer"
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Report Date: June 8, 2021
Author: Percy Janke
Department: EOC
Deputy Chief Administrative Officer: Kerry Hilts
Chief Administrative Officer: Kevin Scoble