COVID-19 IN THE CKL - AN UPDATE ON PENALTIES FOR FAILING TO COMPLY WITH CONTAINMENT MEASURES - NEW FINES, ETC.

An update on enforcement measures available in the City of Kawartha Lakes to require COVID-19 containment: 

FEDERAL GOVERNMENT:

  • for failure to quarantine for 14 days after returning to Canada, a fine of up to $750,000 and imprisonment up to six months;   
  • for causing risk of imminent death or serious bodily harm to another, while defying the federal Quarantine Act, a fine of up to 1 million dollars and jail for up to three years, or both; and
  • federal Criminal Code remains available, including bodily harm provisions.  

ONTARIO EMERGENCY ORDERS:

Any person who fails to comply with a provincial emergency order (i.e., gatherings of more than five, non-essential businesses cannot be open to public, etc.) may face:

  • for an individual, a fine of up to $100,000 and imprisonment up to one year
  • for an individual who is a director/officer of a company, a fine of up to $500,000 and imprisonment up to one year; and
  • for a company, a fine of up to ten million dollars.

For a list of all emergency orders by Ontario to date, go here: https://www.ontario.ca/page/emergency-information

THE MUNICIPALITY (CKL):

  • unlike other municipalities, the CKL has not enacted a by-law prohibiting contact with others (non-household members) within the 2 metre distance;  
  • has prohibited the use of amenities on municipal property and required pass-through use only;  
  • has not made any state of emergency orders regarding enforcement of containment measures or conduct of business;
  • CKL has not directed cottagers and seasonal residence owners to stay home and refrain from travelling to the CKL; and   
  • OPP and KL Police Service may enforce federal and provincial emergency orders (no gathering of five or more, etc.) and the federal Criminal Code   

HKPRD HEALTH UNIT:

  • Class Section 22” issued, effective Apr. 14, 2020 at 12 p.m. (per Ontario’s Health Protection and Promotion Act)
  • self-isolation for a minimum 14 days is mandatory for any person in the CKL who:
  1. has been diagnosed;
  2. is considered a probable case; and/or
  3. has had contact with a confirmed case
  • self-isolation requires not leaving your home for any reason, including to obtain essential goods or services; no visitors except as approved by the Health Unit; and
  • Health Unit cannot issue fines directly, but can request the Ontario Court of Justice to issue a fine of up to $5,000 per day.  

Note: Physical distancing and wearing a mask in public are not legally required at any level of government.  


Thank you for reading this - Jason Ward of WARDS LAWYERS PC.

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This WARDS LAWYERS PC blog is for general information only. It is not legal advice, or intended to be. Specific or more information may be necessary before advice could be provided for your circumstances.

More information? We're here to help - jason@wardlegal.ca | www.wardlegal.ca