On November 7, 2020, Provincial Health Officer Bonnie Henry announced new health orders restricting social interactions and business operations within the Vancouver Coastal Health and Fraser Health regions.1 The orders, which are set to expire on November 23, 2020, at 12:00 pm,2 were made in response to a recent increase in cases of COVID-19 in private residences, workplaces, and indoor group physical activities.
The Provincial Health Officer clarified on November 9th that enforcement, including increased reviews and inspections, will focus on businesses. Businesses that do not comply will be subject to fines. Read more about available enforcement measures under the Public Health Act, SBC 2008, c. 28, and the Emergency Program Act, RSBC 1996, c. 111, here.
Orders and Recommendations
Limited Social Interaction
No one in Vancouver Coastal Health or Fraser Health is permitted to gather socially with anyone outside of their "core bubble" or immediate household. A "core bubble" can include a relative, friend, partner, or co-parent who happens to live in a different household.
The following is prohibited under the new order:
- inviting friends or family to your household if they are outside your "core bubble";
- gathering outdoors with anyone outside your "core bubble"; and
- dining with anyone outside your "core bubble".
Permitted activities include:
- going for a walk with someone outside your "core bubble";
- grandparents providing childcare; and
- carpool arrangements to and from school.
Workplaces
Most businesses, including restaurants and movie-theatres, can remain open as long as they have a COVID-19 safety plan in place. Workplaces must screen their employees on a daily basis. They must also ensure that employees adhere to appropriate physical distancing measures and mask use. Workplaces are encouraged to remind employees to monitor themselves, to stay home if they have any symptoms, and to work from home if possible.
Schools
Schools will remain open and are unaffected by the order.
Fitness Centers and Sports
The following activities are suspended until service providers update their COVID-19 safety plan and receive approval from the local Medical Health Officer:
- indoor group fitness activities, including spin classes, yoga, group fitness, dance classes, and any other group activities that increase the respiratory rate; and
- indoor contact sports where physical distancing cannot be maintained, such as boxing, martial arts, hockey, volleyball, and basketball.
The Province is expected to provide further guidance on what is required for approval. We will update this post as soon as we have more information.
Permitted activities include:
- individual exercise or practice that allows for physical distancing;
- school-based sports programs;
- pools; and
- outdoor sports.
Travel
Non-essential travel in and out of the affected health regions is strongly discouraged, but not expressly prohibited. The only exception is travel for sports, which has been suspended.
Party Buses and Limousines
All perimeter-seating vehicles, such as limousines and party buses, must suspend operations until further notice.
Other
Wedding and funeral ceremonies are permitted to continue if attendance is limited to household members. Receptions are not permitted at this time.
Religious gatherings are unaffected by this order.
Other permitted activities include:
- personal and home-based services, such as hair and nail salons, cleaning services, house repair, tutoring and music lessons, and home care for disabled individuals;
- formal meetings, such as city-council meetings, Alcoholics Anonymous meetings, and group support meetings; and
- rental and home sale viewings.
Impact on Businesses
Businesses should immediately confirm whether their particular service has been suspended and proceed accordingly. Businesses that are permitted to remain open should revisit their COVID-19 safety plan and update it in accordance with the new order. A helpful guideline is available here.
Under the new order, businesses are required to implement a daily screening procedure for all onsite employees. Other changes to consider include:
- improved physical distancing guidelines;
- a mask policy;
- a work-from-home policy, if appropriate; and
- more stringent requirements in small office spaces, break rooms, and kitchens.
Businesses should also discourage informal gathering among employees outside of the workplace.
Available Fines and Enforcement Measures
Once again, the Provincial Health Officer has indicated that inspections and enforcement will increase, and the focus will be primarily on businesses. Now is the time for strict compliance.
The applicable fines are as follows:
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Offence |
Penalty |
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Contravention of the Public Health Act by, among other things, failing to
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Contravention of the Public Health Act by
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Contravention the Public Health Act by:
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Contravention of the Emergency Program Act or interference with or obstruction of any person in the exercise of any power or performance of any duty under it. |
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Footnotes
1 The orders do not apply to the central coast and the Bella Coola Valley.
2 The Provincial Health Officer has mentioned that the orders might be extended if the numbers do not go down.
3Public Health Act, ss. .99(1), 108(1)(a)
4Public Health Act, s. 107.
5Public Health Act, ss. 99(2) and (4), and s. 108(1)(b).
6Public Health Act, s. 107.
7Public Health Act, ss. 99(3), 108(1)(c).
8Public Health Act, s. 107.
9Public Health Act, s. 27.
Co Author by Heather Mallabone, Articling Student
To view the original article click here
Originally Published by McCarthy Tetrault, November 2020
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
