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.