Item No. 13.6

BY-LAW NUMBER 123-2020

A BY-LAW TO IMPOSE TEMPORARY REGULATIONS REQUIRING THE WEARING OF MASKS OR OTHER FACE COVERINGS WITHIN ENCLOSED PUBLIC SPACES

Passed the 24th day of August, 2020.

WHEREAS under subsection 10(2) of the Municipal Act, 2001 (the “Act”) the City of Windsor may pass by-laws with respect to the health, safety and well being of persons and the economic, social and environmental well-being of the City;

AND WHEREAS Novel Coronavirus is present within the City of Windsor and causes the disease COVID-19 that is readily communicable from person to person and carries a risk of serious complications and may result in death;

AND WHEREAS the spread of COVID-19 was declared a global pandemic by the World Health Organization on March 11, 2020;

AND WHEREAS the City of Windsor declared a state of emergency pursuant to subsection 4(1) of the Emergency Management and Civil Protection Act in support of the efforts to contain the spread of the COVID-19 pandemic;

AND WHEREAS the Province of Ontario has enacted Ontario Regulation 364/20 under subsection 7.0.2(4) of the Emergency Management and Civil Protection Act to permit certain businesses to reopen for attendance by members of the public, subject to conditions, including the advice/recommendations/instructions of public health officials;

AND WHEREAS the Windsor Essex County Health Unit’s Medical Officer of Health issued an order effective June 26, 2020 requiring the owners and operators of commercial establishments to have a policy in place to prohibit persons from entering the premises of the commercial establishment unless that person is wearing a face covering, subject to certain exceptions;

AND WHEREAS physical distancing of at least two metres is difficult to maintain in enclosed Public Places, and wearing a Non-Medical Face Covering in enclosed Public Places is deemed a necessary, recognized, practicable, and effective method to limit the spread of COVID-19, and thereby help protect the health, safety and well-being of the citizens of Windsor;

AND WHEREAS it is believed that requiring the Operator of an enclosed Public Place that is open to the public to adopt a policy to require persons entering into the enclosed Public Place to wear a non-medical mask/face covering is deemed a necessary, recognized, practicable, and effective method to limit the spread of COVID-19, and thereby help protect the health, safety and well-being of the citizens of Windsor.

THEREFORE the Council of the Corporation of the City of Windsor enacts as follows:

1. The Operator of a Public Place that is open to the public shall adopt a policy as required by this By-law to ensure that no member of the public is permitted entry to, or otherwise remains within, any enclosed space within the