A new order from Simcoe Muskoka District Health Unit makes face coverings mandatory for anyone entering an indoor public space and using public transit.
However, there are a few caveats.
There are exemptions for those with health conditions, there are unlikely to be fines issued for non-compliance, and the mask rule is only in place as long as the province’s state of emergency remains since the order is made under the Emergency Management and Civil Protection Act.
The state of emergency expires July 15, just two days after the Simcoe Muskoka District Health Unit’s mask order takes effect.
The province could opt to extend the emergency, but Premier Doug Ford told the press today he hopes not to extend it again.
Instead, Ontario’s Solicitor General Sylvia Jones said she will introduce a bill to extend emergency orders without the state of emergency remaining in place.
Simcoe Muskoka’s mask order takes effect July 13, and is actually an order to businesses, organizations, municipal, federal, and provincial building operators, and churches in the region, requiring them to have a policy in place to require masks on customers and employees.
Those businesses and organizations can turn people away for refusing to wear a mask, however the health unit does not require them to turn away the unmasked.
There are also exemptions. Nobody under the age of two should be wearing a mask, says the health unit, and kids aged two- to five-years-old who won’t leave the mask on also don’t have to wear one.
Anyone with health conditions or religious beliefs “precluding them from wearing a mask” will also not be required to wear a mask, said Dr. Charles Gardner, medical officer of health for the region.
If you’re eating or drinking or doing intense physical activity, you do not have to wear a mask.
Employees behind barriers like plexiglass shields do not have to wear a mask.
Also, while a business can be fined for not having a policy requiring mask use indoors, the health unit doesn’t have resources to allocate to proactive enforcement.
“It’s typical of public health to take a softer, more progressive, educational approach,” said Gardner. “We chose a policy approach, it really directs the operator of the business to go through all the steps to make it work.”
Because it is a provincial order, police and municipal bylaw officers can issue fines for non-compliance.
According to Gardner, those fines can be from $750 to $1,000 for individuals and up to $10 million per day for corporations.
Barrie Mayor Jeff Lehman said he expected enforcement would fall - in part - to the municipalities.
"I believe we're prepared to assist with that, although I think it should be said it will be difficult to comprehensively enforce that everywhere," said Lehman.
In Simcoe Muskoka today, the health unit reported zero new COVID-19 cases.
According to Gardner there are no institutional outbreaks in the region for the first time in weeks.
The last COVID-19-related death in Simcoe and Muskoka was on May 19, and the reproductive number for the virus in the region is lower than one (meaning the rate of spread is less than one person per infected case).
The doctor said it would take more than nine months - at the current rate of infection - for local cases to double. That is the lowest doubling rate the region has seen since the start of the pandemic.
Still, Gardner cautioned there has been a resurgence in cases in Simcoe Muskoka in the last four weeks, which is now over.
"I have been actively promoting all of the control measures we need to be doing to flatten the curve,” said Gardner, noting those include handwashing, self monitoring and isolating if you are ill, physical distancing, and wearing a mask where physical distancing isn’t always possible.
However, Gardner said other countries have experienced “frightening” resurgences, particularly the U.S.
“With the few cases we have here, they could act as seeds to germinate a new wave if we’re not on our guard,” said Gardner. “At the end of the day, we need to work together.”
Gardner said he spoke with area physicians and municipal Chief Administrative Officers and received mostly support - though some opposition - for a mask order.
“We’re taking a slightly softer step,” said Gardner. “We’re hopeful this is enough to achieve a high degree of compliance. We’re hoping for about 80 per cent compliance.”
Gardner said he recommends a face covering such as a homemade mask, bandana, buff, burqa, or hijab that covers the nose and mouth. A face shield would not be considered a face covering under the health unit's orders.
"The evidence for [face shields] is not clear enough to show that it's sufficiently protective to be a substitute for wearing a mask," said Gardner.
However, Gardner noted it could be used for those whose health conditions prevent them from wearing a mask, though that would not be required.
Restaurants, because they are serving food outdoors only, are not required to have customers or staff wearing masks, though Gardner said he highly recommends all restaurant staff wear masks.
A municipal government could make its own bylaw in support of the health unit order to wear a mask, and such a bylaw could extend beyond the province’s state of emergency.
Grey Bruce Health Unit also put out a notice today stating it would be issuing a mandatory face-covering order within the next 10 days.
The health unit provided this list of businesses and organizations included in the mask order:
"Businesses or organizations that are openly accessible to members of the public and are used for the purposes of offering goods or services for sale to members of the public and include a mall or other structures containing commercial premises, and currently include, but not limited to, the following:"
- Retail stores
- Convenience stores
- Malls and shopping plazas
- Food premises
- Personal service settings
- Grocery stores and bakeries
- Churches or faith settings
- Farmers’ markets
- Areas of mechanics’ shops and garages, and repair shops which are open to the public.
- Libraries
- Community centres
- Private transportation (e.g. bus, taxi, or limo)
- Public transportation (e.g. bus or train)
- Business offices open to the public
- Professional offices where clients receive purchased services (e.g. lawyer's or accountant's offices) that are not open to members of the public
Only the indoor public space of a business or organization is subject to the face covering requirements and is defined as:
- Any areas in which customers interact with one another or with staff members, OR
- Any areas that are open or accessible to members of the public
What is NOT included in the instructions?
- Schools, licensed child care centers and indoor/outdoor day camps
- Indoor areas of a building accessible to only employees
- Areas that are outside, whether or not the areas are covered (e.g. restaurant patios)
