A couple wearing face masks walk through a mall. File photo courtesy of  © Can Stock Photo / dolgachovA couple wearing face masks walk through a mall. File photo courtesy of © Can Stock Photo / dolgachov
Sarnia

Bylaw passes to enforce mandatory masks in London

Not wearing a face mask in indoor public spaces could now carry a fine of up to $100,000 in the city of London.

London Council passed a bylaw on Tuesday to make face masks mandatory, with the primary goal of reducing the risk of further COVID-19 infections within the city.  The bylaw was drafted and approved during a Special Strategic Priorities and Policy Committee meeting, in consultation with the local medical officer of health, the day before.

The motion easily passed 12-1 with Councillor Michael Van Holst as the only "no" vote. Councillor Stephen Turner recused himself from the vote, while Councillor Shawn Lewis was absent.

"We've made great progress in this battle [against COVID-19] but the fight is not over," said Councillor Steve Lehman during the meeting. "Let's all sacrifice a bit. Let's all do our part. Wear a mask... Let's not lose what we've gained. This is a way for Londoners to work together to keep our community as safe as possible."

While the bylaw passed without much dissent, Councillor Van Holst voiced concerns that forcing people to wear face masks during a pandemic is an infringement on the freedoms of local citizens.

"It's a stretch for us to assume forcing people to wear bandanas will have clinical effect above and beyond physical distancing [that is] significant enough to justify the threat of fines," said Van Holst. "By acting quickly as we have, we may have unintentionally moved towards the totalitarian views of the World Health Organization."

Van Holst submitted a motion to send the bylaw back to committee for further debate, however, he received no support from his fellow councillors.

As per the bylaw, wearing a mask will be required in all indoor public establishments such as, but not limited to hospitals, schools, government buildings, daycares, school buses, churches, and recreational facilities. Business owners and proprietors will also be required to post visible signage at all entrances instructing everyone to "wear a mask or face covering which covers the nose, mouth and chin."

While an order under Ontario’s Emergency Management and Civil Protection Act had already made face masks mandatory in the region as of Saturday, Middlesex London Medical Officer of Health Dr. Chris Mackie expressed concern over possible court challenges. He previously recommended that council pass the bylaw to ensure the order remains in effect.

The mandatory mask bylaw is enforceable by public health inspectors, municipal bylaw officers and law enforcement officers. Fines for failing to wear a mask can range from $500 to $100,000.

Those exempt from wearing face coverings include children under the age of 12, people with a medical condition that inhibits their ability to wear a mask, people who cannot apply or remove a mask without help, and those with accommodations under the Ontario Human Rights Code or the Accessibility for Ontarians with a Disabilities Act.

As well, councillors amended the bylaw on Monday exempt those participating in religious services with rituals that require an uncovered mouth.  The amendment was made in consultation with Dr. Mackie. Council determined that any further amendments to the bylaw would also require consultation from the region's medical officer of health.

Anyone wishing to report non-compliance with the bylaw can email covidorderconcerns@london.ca or call 519-661-4660.

-With files from Miranda Chant

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Photo by Sarah Joy via Flickr

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