Ontario says you can shop maskless starting March 21. Will Hamilton’s pandemic bylaw stop you?
If you live in Hamilton, resist the temptation to set out on a maskless shopping spree the moment Ontario drops its pandemic requirement to cover your face in many indoor locations March 21.
Because while Ontario's COVID mask mandate is set to end Monday, the city's own COVID face-covering bylaw is still technically in place - for at least a short while.
Officially, Hamilton public health officials will only say they are reviewing" the local implications of the contentious provincial decision to end masking requirements for many - but not all - indoor venues directly after the March break. (Masks are still mandatory on transit and in health or long-term care settings until April 27.)
But Mayor Fred Eisenberger said he expects the city's board of health to discuss a recommendation on the masking bylaw Monday - and a special council meeting will likely be scheduled that day to immediately" ratify any changes.
Eisenberger stressed all councillors have a chance to vote on whether or when to undo" the city's existing mask and physical-distancing bylaws. But he said it would be very awkward" for businesses and building operators if city rules were out of sync" with provincial direction after Monday.
To be clear, I think there is every reason for people to continue to mask - and for us to encourage them to do so very, very strongly," the mayor said, noting similar calls from local hospital leaders and provincial modelling that suggests another potential jump in COVID cases.
But he said the provincial direction will make the local bylaw very difficult to continue to enforce."
Regardless, the city is already a bit late" telling businesses what to expect, said Reid Monk, owner of Gravity rock-climbing gym.
That business just announced online it will stick with mandatory masking for both staff and customers until at least April, despite the provincial announcement. It made a point of noting the city has not yet weighed in" on the future of its own bylaw.
Monk said the gym's decision was made primarily to protect staff from getting sick. But having clear, unambiguous" government direction to offer customers would also be helpful, he said.
Here's what we know - and don't know - about the looming changes to masking rules in Hamilton:
Is the province dropping all masking rules March 21?
No. You still have to wear a mask in higher-risk settings until at least April 27. Those include on transit, in seniors' homes, health-care settings, jails, shelters and congregate living.
Will the city drop its mask bylaw at the same time?
Councillors are expected to talk about the prospect Monday - and if they decide to rescind the bylaw, it could happen that day. But even under that scenario, there could still be a short period March 21 when the province says you can shop unmasked but the city bylaw says you cannot.
Worth noting: the public school board has asked Hamilton's medical officer of health to order a masking extension for schools.
What are the city masking rules?
Under the city bylaw, you have to wear a face covering in most indoor settings, including in businesses, rec centres, places of worship, apartment common areas and on local transit, for example. There are exemptions, though - notably schools. Also, the bylaw does not apply to children under two years of age and anyone claiming a medical or human rights exemption.
What happens if I ignore the city bylaw?
If the city keeps the masking bylaw beyond March 21, you can still be charged for breaking the rules. Serious or repeat infractions can lead to higher fines, but default municipal fines range from $200 to $500.
Can my employer force me to wear a mask after the provincial mandate ends?
Yes, said employment lawyer Ed Canning. You still have the right to do it as an employer if you've decided that's what's best for the health and safety of your workplace," he said.
Matthew Van Dongen is a transportation and environment reporter at The Spectator. mvandongen@thespec.com