Letter: Public Health provides instructions regarding capacity limits & additional requirements

Given the burden of COVID-19 on the area served by Chatham-Kent Public Health Unit (“CKPH”), I am issuing these instructions to control the spread of COVID-19.

I, Dr. David Colby, as the Medical Officer of Health for the Chatham-Kent Public Health Unit, am issuing instructions pursuant to Schedule 1, Section 2 (2) of Ontario Regulation 364/20: Rules for areas in Step 3 and at the Roadmap Exit Step under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020 c. 17. Where this Letter of Instruction imposes an additional requirement not set out in the Reopening Ontario Act, the requirement under this Letter of Instruction must be followed.

Effective Friday December 10th, 2021, at 12:01 a.m. and until further notice, I am instructing:

1. General Compliance for businesses and organizations that are open under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020:

– Review workplace safety plans (as outlined in O.Reg. 364/20) with workers regularly, at least once per month and make adjustments as needed. These meetings must be documented and include the following data elements:

1. attendees

2. date of meeting

3. summary of discussion

– Enable remote work for workers, where reasonably possible, to reduce the number of workers exposed to the risk of transmission at the workplace. Additionally, as much as possible limiting the gathering of employees by:

1. Utilizing virtual options for meetings;

2. Ensuring physical distancing in lunchrooms/break rooms as well as other locations where workers may be eating and/or drinking, including staggering lunches or breaks where necessary.

– Workplaces/businesses currently required under the Reopening Ontario Act 2020 (A Flexible Response to COVID-19) to keep a list of attendees (visitors, patrons, clients) to the workplace including name and contact information must provide the list to the CKPH immediately upon request from a CKPH official.

2. Gatherings

– The social gathering limit of 25 people for indoor events under section 1(1)(b)(i) of Schedule 3 of O. Reg 364/20 is hereby reduced to a limit of 10 people. All other provisions and exceptions set out in this schedule shall continue to apply.

– Gathering limits identified above (1) do not apply to social gatherings associated with a wedding, a funeral or a religious service rite or ceremony, such as a wedding reception.

2.1 Gatherings associated with a wedding, a funeral or a religious service rite or ceremony must:

– Not permit the use of receiving lines;

– Must ensure assigned seating for all attendees;

– Ensure that all attendees wear a mask or face covering at all times, except when seated at their assigned seat and consuming food or drink; and

– Ensure that capacity is limited by the number of individuals that can maintain physical distancing.

– Keep a list of all attendees of a social gathering including name and contact information and provide the list to the CKPH immediately upon request from a CKPH official.

For the purpose of these instructions, the following definitions apply:

worker” means any employee, independent contractor, manager, director, officer, owner, partner, shareholder, volunteer, student or any other person engaged in the business or organizational activity at the workplace.

workplace” means any land, premises, work vehicle, location or thing at, upon, in or near which a worker works.

patron” means any member of the public that is not an employee or worker at the workplace.

Any reference to “mask” or “face covering” in this Letter of Instruction is as per the Province of Ontario’s COVID-19 regulatory framework requirement, under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, which require a mask or face covering to be worn “in a manner that covers their mouth, nose and chin”.

Failure to comply with the requirements under Ontario Regulation (O. Reg. 364/20) and those identified under this letter of instruction pursuant to O. Reg. 364/20 is an offence under the Reopening Ontario Act for which an individual and/or the business or organization may be liable. Set fines under Part I of the Provincial Offences Act (POA) is $750 for individuals and $1,000 for corporations. Maximum penalties based on prosecution under Part I or Part III of the POA includes fines of up to $100,000 and up to one year in jail for an individual; up to $500,000 and up to one year in jail for an individual who is a director or officer of a corporation; and up to $10 million for a corporation.

These instructions, including any revisions to these instructions can be found on the Chatham-Kent Public Health website at www.CKPublicHealth.com/Newsroom.

Inquires about these instructions should be directed to Chatham-Kent Public Health at: covid19@chatham-kent.ca

Sincerely,

Dr. W. David Colby

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