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REALLY ?? M012 FACE COVERINGS (COVID-19) ORDER BC

REALLY ?? M012 FACE COVERINGS (COVID-19) ORDER BC

PROVINCE OF BRITISH COLUMBIA ORDER OF THE MINISTER OF PUBLIC SAFETY AND SOLICITOR GENERAL Emergency Program Act Ministerial Order No. WHEREAS a declaration of a state of emergency throughout the whole of the Province of British Columbia was declared on March 18, 2020 because of the COVID-19 pandemic; AND WHEREAS face coverings, when used in addition to other protective measures such as maintaining physical distance and using barriers, help to prevent, respond to or alleviate the effects of the COVID-19 pandemic; AND WHEREAS the persistence of the COVID-19 pandemic warrants a coordinated provincial approach to the use of face coverings in indoor public spaces; AND WHEREAS it is not possible for some persons to wear face coverings and I have taken that into consideration in this order; AND WHEREAS section 10 (1) of theEmergency Program Actprovides that I may do all acts and implement all procedures that I consider necessary to prevent, respond to or alleviate the effects of any emergency or disaster; I, Mike Farnworth, Minister of Public Safety and Solicitor General, order that the attached Face Coverings (COVID-19) Order is made. DateMinister of Public Safety and Solicitor General (Hiss part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section:Emergency Program Act,R.S.B.C. 1996, c. 111, s. 10 Other:MO 73/2020; MO 425/2020; OIC 1/2021 page 1 of 5 January8,2021M012FACE COVERINGS (COVID-19)ORDER Definitions 1In this order: “enforcement officer”has the same meaning as in the Violation Ticket Administration and Fines Regulation with respect to a person in a designated classofpersons with the authority to issue a ticket in relation to the provisionsofthis order; “face covering”means eitherofthe following that covers the nose and mouthofa person: (a)a medical or non-medical mask; (b)a tightly woven fabric; “indoor public space”has the meaning given in section 2 (2); “operator”,in relation to an indoor public space, means (a)an owner or operatorofthe indoor public space, or (b) an employee or person acting on behalfofan owner or operatorofthe indoor public space; “visitor”means a person who visits an indoor public space, but does not include the operatorofthe indoor public space. Interpretation-indoor public spaces 2(1)In this section: “health profession”has the same meaning as in theHealth Professions Act; “health professional”means a person who practises a health profession; “hotel”includes a motel, inn, bed and breakfast, hostel or other place in which rooms are maintained for the accommodationofthe public; “indoor common area”means the indoor areaofa building that is provided for the common useofall occupants and inviteesofthe building, including lobbies, hallways, public bathrooms and elevators; “perimeter seating”has thesamemeaningasin thePassenger Transportation Regulation; “perimeter seating bus”has the same meaning as in the Passenger Transportation Regulation; “personal service”means a service provided by a person to or on the bodyofanother person, and includes services provided at a barbershop, beauty parlour, health spa, massage parlour, nail salon, tattoo shop, sauna or steam bath; “post-secondary institution”includes an entity that provides anyofthe following programs: (a) an educational or training program provided under (i) theCollegeandInstitute Act, (ii) theRoyal Roads University Act, (iii) theThompson Rivers University Act, (iv) theUniversity Act,or page 2of5(v)thePrivate Training Act; (b)a program provided in accordance with a consent given under theDegree Authorization Act; (c)a theological education or training program provided under an Act; “public transportation vehicle”includes a bus, train or ferry; “retail business”means a business that sells retail goods, including a grocery store, clothing store, liquor or cannabis store, or sporting goods store; “service business”means a business that provides a service, including (a)dry cleaning or laundry services, (b)insurance services, (c)banking services, (d)funeral services, (e)personal services, (f)accounting, legal, engineering or other professional services, or (g) the servicesofa tradesperson; “sport or fitness facility”means a place used for sport or fitness activities, including a gym, ice arena, pool, gymnastics facility, indoor field, fitness studio or dance studio. (2) For the purposesofthis order, an indoor public space is anyofthe following: (a)a building or structure thatisused as (i)a retail business, (ii)a service business, (iii)a restaurant, pub, bar or other business that prepares and sells food or drink, (iv)a mall or shopping centre, (v)a pharmacy, (vi)a health professional’s office, (vii)a placeofpublic worship, (viii)a sport or fitness facility, (ix)a place in which a non-profit organization provides goods or services to the public, (x)a place that provides cultural, entertainment or recreational services or activities, including a theatre, cinema, concert hall, arcade, billiard hall, museum, gallery or library, or (xi)a conference centre, community hall or other place that hosts public events; (b) the indoor common areaof (i)an office building, (ii)a hotel, (iii)a hospital, (iv)a courthouse, or page 3of5(v)a post-secondary institution; (c)a taxi, limousine, perimeter seating vehicle, perimeter seating bus, vehicle used for a commercial ride sharing serviceorother vehicle for hire; (d)a public transportation vehicle; (e)the indoor or sheltered portion or a terminal, stationorother location at which persons (i)load onto or unload from a public transportation vehicle, or (ii)wait to load onto a public transportation vehicle; (f)an airport, heliport or seaplane terminal. Face coverings requiredinindoor public spaces 3(1)Except as provided under section 4, a visitor must wear a facecovering,in accordance with subsection (2), while inside an indoor public space. (2) A face covering must be worn in a manner that covers the nose and mouth. Exemption from useofface covering 4Section 3 does not apply as follows: (a)to a person who is less than12yearsof age; (b) to a person whoisunable to wear a face covering becauseof (i)a psychological, behavioural or health condition, or (ii)a physical, cognitive or mental impairment; (c) to a person who is unable to put on or remove a face covering without the assistanceofanother person; (d)ifthe face covering is removed temporarily for the purposesofidentifying the person wearing it; (e)while inside a courtroom; (f)while consuming food or beverage at a location designated for those purposes by the operatorofthe indoor public space; (g)while participating in a sportorfitness activity at a sport or fitness facility; (h)while receiving a personal service, or a service at a health professional ‘s office, ifremoving the face covering is necessary in order to receive the service; (i)while inside a vehicle on a ferry; (j)while communicating with a person who has a hearing impairment. Order does not prevent further requirements 5Nothing in this order prevents an operator from having additional requirements in relation to face coverings. General compliance matters 6(1)A direction given by an enforcement officer relating to a person’s compliance with this order, including a direction to leave an indoor public space, must be complied with. page 4of5(2) A visitor to an indoor public space must not engageinabusive or belligerent behaviour towards an enforcement officer, another visitor or the operatorofthe indoor public space in relation to the other person’s efforts (a) to comply with, or (b) to respond to, prevent or correct contraventionsof a face covering requirement. (3) In this section,”face covering requirement”means a requirement in relation to face coverings thatisset out in (a) this order, (b) an order made under thePublic Health Act,or (c)aCOVID-19provisionwithinthemeaningoftheCOVID-19Related Measures Act. Enforcement information to minister 7A law enforcement agency and a local government must provide the minister with information in its possession, other than personal information, that the minister requests respecting the enforcementofthis order by the law enforcement agency or the local government. page 5of5

See page 4 – Exemption from use of face covering

Emergency Program Act Ministerial Order No. M012 complete

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