EOHU Directive for Mandatory Masking in Indoor Public Spaces – Effective, July 7, 2020

Based on the precautionary principle, the Eastern Ontario Health Unit (EOHU) is making the use of face coverings by members of the public mandatory in indoor (ENCLOSED) public spaces accessed by the public.

“Enclosed Public Space” means indoor public spaces accessed by the public.

These include but are not limited to:

restaurants, cafés, cafeterias, banquet halls

retail establishments and shopping malls

churches, mosques, synagogues, temples, or other places of worship

libraries, museums, art galleries, recreational facilities, bingo halls, community centers and halls, cinemas, theatres, concert venues, special event venues, convention centers, or other similar entertainment, cultural, or leisure facilities

sports facilities, sports clubs, gyms, yoga studios, dance studios, and stadiums

common areas of hotels, motels, or short-term rental premises such as lobbies, elevators, meeting rooms, rest rooms, laundry rooms, gyms, and kitchens

public and private transportation including taxis and rideshare services

common areas of premises under the control of a regulated health professional under the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as amended, such as waiting rooms

common areas of hospitals and independent health facilities such as lobbies, food courts and retail establishments

spas, hair salons, barbers, nail salons, and other personal service settings that are subject to health and safety protocols provided by the Province of Ontario during the provincial emergency

municipal public spaces

The following are NOT considered an “Enclosed Public Space”:

Spaces subject to provincial and/or local public health guidance:

Schools under the Education Act, R.S.O. 1990, c. E.2, as amended

Childcare centers and providers governed by the Child Care and Early Years Act, 2014, S.O. 2014, c. 11, as amended

Day camps

Offices not open to the public including professional offices where clients receive services not open to public (e.g. lawyer, accountant)

Mask definition

“Mask” means: a cloth (non-medical) mask, medical mask or other face coverings (e.g. a bandana, scarf or cloth), for filtering respiratory droplets that securely covers the nose, mouth, and chin and is in contact with the surrounding face without gapping.

Operator definition

“Operator” means the person who controls, governs, directs, or is responsible for the activity carried on within the Enclosed Public Space and includes the person who is actually in charge at any particular time.

Duty of operator

1. Every Operator of an Enclosed Public Space shall adopt a policy to ensure that no member of the public is permitted to enter or remain in the public areas of the Enclosed Public Space unless he or she is wearing a Mask in a manner that covers their nose, mouth and chin.

Exemptions:

a. Children under two years of age, or children under the age of five years either chronologically or developmentally who refuse to wear a Mask and cannot be persuaded to do so by their caregiver

b. Individuals with medical conditions rendering them unable to safely wear a Mask, including breathing difficulties or cognitive difficulties

c. Individuals who are unable to apply or remove a Mask without assistance, including those who are accommodated under the Accessibility for Ontarians with Disabilities Act (AODA) or who have protections under the Ontario Human Rights Code, R.S.O. 1990, c.H.19, as amended

d. A person who is employed by or is an agent of the Operator of an Enclosed Public Space and:

is in an area of the premises that is not designated for public access, or

is within or behind a physical barrier (e.g., Plexiglas)

2. Implementation of the policy should be enacted and enforced in “good faith” and should be primarily used as a means to educate people on Mask use in public spaces.

3. No person shall be required to provide proof of any of the exemptions set.

The policy shall:

4. Exempt the persons set out in Subsection 1 from the obligation of wearing a Mask.

Ensure that all persons working at the Establishment are trained in the requirements of the policy.

Require that employees and agents wear a Mask when working in the public areas of the premises unless the employee or agent is within or behind a physical barrier.

Require that employees and agents provide a verbal reminder to any customer entering the premises without a Mask that the customer should be wearing a Mask.

Require, for customers in a premises removing their Mask for extended periods of time, a verbal reminder to that customer of the requirement to wear a Mask under these instructions.

Permit the temporary removal of a Mask where necessary for the purpose of:

Receiving services; or

While actively engaging in an athletic or fitness activity including water-based activities and dining.

5. Ensure the availability of alcohol-based hand rub at all entrances and exits for the use of all persons entering or exiting the establishment.

6. Every Operator of an Enclosed Public Space, upon request, shall provide a copy of the policy to any person authorized to enforce it.

7. The Operator of an Enclosed Public Space shall post, at every public entrance to the premises, prominent and clearly visible signage that contains the following messages:

“All persons entering or remaining in these premises must wear a mask that securely covers the nose, mouth, and chin as required by the Directive issued under the province’s Emergency Management and Civil Protection Act.”