Public Health Law (2002 Revision)

CAYMAN ISLANDS Public Health Law (2002 Revision) PREVENTION, CONTROL AND SUPPRESSION OF COVID-19 (PARTIAL LIFTING OF RESTRICTIONS) (NO.4) REGULATIONS, 2020 (SL 117 of 2020) Supplement No. 1 published with Legislation Gazette No. 61 dated 24th August, 2020. PUBLISHING DETAILS Page 2 SL 117 of 2020 c Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.4) Regulations, 2020 Arrangement of Regulations CAYMAN ISLANDS Public Health Law (2002 Revision) PREVENTION, CONTROL AND SUPPRESSION OF COVID-19 (PARTIAL LIFTING OF RESTRICTIONS) (NO.4) REGULATIONS, 2020 (SL 117 of 2020) Arrangement of Regulations Regulation Page 1. Citation and commencement .....................................................................................................5 2. Definitions ..................................................................................................................................5 3. Definition of public meetings ......................................................................................................6 4. Public meetings - exemptions ....................................................................................................6 5. Wearing of masks ......................................................................................................................6 6. Prohibition on holding of public meeting, procession or festive ceremony ..................................7 7. Restriction on certain activities and operations ..........................................................................7 8. Restriction on visitation ..............................................................................................................7 9. Exercise and sports ...................................................................................................................9 10. Public Transport ........................................................................................................................9 11. Scuba diving and snorkelling in the Islands .............................................................................. 10 12. Prohibition on use of hookah, shisha pipes or water pipes ....................................................... 10 13. Repeal of the Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.3) Regulations, 2020..................................................................................... 11 14. Expiry ...................................................................................................................................... 11 c SL 117 of 2020 Page 3 Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.4) Regulations, 2020 Regulation 1 CAYMAN ISLANDS Public Health Law (2002 Revision) PREVENTION, CONTROL AND SUPPRESSION OF COVID-19 (PARTIAL LIFTING OF RESTRICTIONS) (NO.4) REGULATIONS, 2020 (SL 117 of 2020) In exercise of the powers conferred by section 34 of the Public Health Law (2002 Revision) the Cabinet makes the following Regulations — 1. Citation and commencement 1. (1) These Regulations may be cited as the Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.4) Regulations, 2020. (2) These Regulations come into force on 25th August, 2020. 2. Definitions 2. In these Regulations — “festive ceremony” means a ceremony to celebrate a locally recognised religious event or a public general holiday and includes an agricultural show; “public place” means any highway, street, public park or garden, any sea beach and any public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not; and includes any open space and any premises to which, for the time being, the public have or are permitted to have access, whether on payment or otherwise; and c SL 117 of 2020 Page 5 Prevention, Control and Suppression of Covid-19 (Partial Lifting of Regulation 3 Restrictions) (No.4) Regulations, 2020 “virus” means the virus known as SARS-CoV-2 which causes the disease known as Covid-19. 3. Definition of public meetings 3. (1) In these Regulations “public meeting” means a gathering of more than two hundred and fifty persons in any public place, other than in a business office or place of business, for the purposes of engaging in the activities specified in paragraph (2). (2) The activities to which paragraph (1) relates are as follows — (a) leisure, recreational or spiritual activities including those organised by service clubs, faith-based organisations, community organisations and civic organisations; (b) parades and social activities related to such parades, including carnivals, stage shows and parties; (c) concerts; (d) conventions; (e) conferences; (f) graduations; and (g) fundraisers. (3) For the purposes of the definition of “public meeting”, “person” does not include a person employed to provide the activities specified in the definition of “public meeting”. 4. Public meetings - exemptions 4. The definition of “public meeting” in regulation 3 does not extend to any activity in the following public places — (a) establishments, any type of institution including educational institutions, places of business and organisations including cinemas and theatres; and (b) any church which can accommodate more than two hundred and fifty persons. 5. Wearing of masks 5. (1) Subject to paragraph (2), a person over the age of two years old who is indoors at a public place may cover his or her mouth and nose with a mask or cloth face covering but is not required to do so. (2) Notwithstanding paragraph (1), the owner or operator of — (a) a health care facility; (b) a residential home care facility; (c) a prison or place of detention; Page 6 SL 117 of 2020 c Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.4) Regulations, 2020 Regulation 6 (d) an airport; or (e) such other public place as may be specified by notice by the Medical Officer of Health, may require that any person who visits any of such places shall wear a mask and a person who refuses to do so shall be refused entry. (3) The Medical Officer of Health shall issue written guidance on the use of masks or cloth face coverings by children between the ages of two and ten years old. (4) An owner or operator of a public place shall not refuse entry to a person on the grounds either that the person — (a) is wearing a mask or cloth covering; or (b) subject to paragraph (2), is not wearing a mask or cloth face covering. (5) The notice under paragraph (2)(e) and the guidance under paragraph (3) shall be published in the Gazette, in any other official Government website or official means of communication. (6) This regulation is subject to regulation 10. 6. Prohibition on holding of public meeting, procession or festive ceremony 6. (1) Subject to regulation 3(1), for the purposes of preventing, controlling and suppressing the spread of the virus, no person shall hold any public meeting, procession or festive ceremony unless permitted by regulations. (2) A person who contravenes paragraph (1) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 7. Restriction on certain activities and operations 7. (1) For the purposes of preventing, controlling and suppressing the spread of the virus in the Islands, no person shall — (a) host or attend a wedding which hosts more than two hundred and fifty persons other than the bride, bridegroom, official witnesses and the marriage officer; or (b) host or attend a funeral where there are more than two hundred and fifty persons other than six pallbearers, at least one officiant and essential mortuary staff. (2) A person who contravenes paragraph (1) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 8. Restriction on visitation 8. With the exception of — c SL 117 of 2020 Page 7 Prevention, Control and Suppression of Covid-19 (Partial Lifting of Regulation 8 Restrictions) (No.4) Regulations, 2020 (a) the Medical Officer of Health or a person authorized by the Medical Officer of Health for the purposes of surveillance or management of a person in quarantine or isolation; or (b) a person who has the written permission of the Medical Officer of Health, no person shall visit or be permitted to visit a place or a facility of quarantine or isolation, or a person in a place or a facility of quarantine or isolation. (2) Subject to paragraph (3), a person under paragraph (1)(b) shall comply with the directions of the manager of the place or facility of quarantine or isolation in relation to the use of personal protective equipment in the place or facility of quarantine or isolation. (3) Where the place or facility of quarantine or isolation is a person’s place of residence, a person under paragraph (1)(b) shall comply with the directions of the Medical Officer of Health in relation to the use of personal protective equipment in the place of residence being visited. (4) Subject to paragraph (5), a person who wishes to visit a health care facility shall comply with the directions of the manager of the health care facility in relation to the use of personal protective equipment in the health care facility. (5) Where a person wishes to visit a patient who has tested positive for the virus and who is in a health care facility the person who wishes to visit the patient shall — (a) only visit or be permitted to visit that patient with the written permission of the Medical Officer of Health; and (b) comply with the directions of the manager of the health care facility in relation to the use of personal protective equipment in the health care facility. (6) A person who wishes to visit a residential home care facility in Grand Cayman or Cayman Brac shall — (a) be tested for the virus within three days prior to the date of the intended visit; and (b) only visit or be permitted to visit after such test has been declared to be negative by the Medical Officer of Health. (7) A person who wishes to visit a detainee in a prison or place of detention must be a relative of the detainee and shall — (a) be tested for the virus within three days prior to the date of the intended visit; and (b) only visit or be permitted to visit after such test has been declared to be negative by the Medical Officer of Health. (8) A person under paragraph (7) shall comply with — Page 8 SL 117 of 2020 c Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.4) Regulations, 2020 Regulation 9 (a) the directions of the Director of Prisons in relation to the use of personal protective equipment in the prison; and (b) the directions of the Medical Officer of Health in relation to the use of personal protective equipment in the place of detention. (9) For the purposes of this regulation — “a person authorized by the Medical Officer of Health” includes the Director of the Sister Islands Health Services, where the Director of the Sister Islands Health Services is authorized by the Medical Officer of Health; “manager”, in relation to a place or facility of quarantine or isolation or a health care facility, includes the owner; and “relative”, in relation to a detainee in a prison or place of detention, means the detainee’s — (a) spouse; (b) child; (c) parent or legal guardian; (d) brother or sister; (e) grandparent; (f) grandchild; or (g) friend. (10) A person who contravenes paragraph (1), (2), (3), (4), (5), (6), (7) or (8) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 9. Exercise and sports 9. (1) A person may exercise at any time but shall be subject to the public meeting requirements in these Regulations. (2) Sports shall be permitted provided that no more than two hundred and fifty persons shall be permitted at any time as spectators or as participants of the relevant sport. (3) A person who contravenes paragraph (1) or an organiser of a sporting event who contravenes paragraph (2) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 10. Public Transport 10. (1) An operator of a taxi or an omnibus shall only drive such taxi or omnibus on the condition that all persons, including the driver of the taxi or omnibus, shall wear masks or cloth face coverings when in the taxi or omnibus. (2) A person who contravenes paragraph (1) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. c SL 117 of 2020 Page 9 Prevention, Control and Suppression of Covid-19 (Partial Lifting of Regulation 11 Restrictions) (No.4) Regulations, 2020 (3) For the purpose of this regulation — “omnibus” includes a school vehicle; and “school vehicle” means a vehicle used for the conveyance of school children for hire or reward. 11. Scuba diving and snorkelling in the Islands 11. (1) A person who wishes to rent scuba or snorkelling equipment to a customer for a scuba diving or snorkelling activity, including for training in scuba diving or snorkelling, shall comply with the following requirements — (a) the person shall, prior to renting any shared scuba or snorkelling equipment, register with the Department of Environmental Health, for the purposes of monitoring and ensuring compliance with this regulation; (b) the person shall ensure that all shared scuba and snorkelling equipment is cleaned each day using an agent approved for use against the virus by the Director of Environmental Health of the Department of Environmental Health; (c) where the person rents any shared scuba equipment to a customer, the person shall not rent the same shared scuba equipment to another customer until three days has elapsed; and (d) the person shall comply with the written guidelines issued by the Director of Environmental Health of the Department of Environmental Health under paragraph (3). (2) Paragraph (1) does not apply to dive tanks. (3) For the purposes of preventing, controlling and suppressing the spread of the virus, the Director of Environmental Health of the Department of Environmental Health shall issue written guidelines on the use of shared scuba or snorkelling equipment, including a list of agents approved for use against the virus. (4) The guidelines under paragraph (3) shall be published in the Gazette, in any other official Government website or official means of communication. (5) A person who contravenes paragraph (1) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 12. Prohibition on use of hookah, shisha pipes or water pipes 12. (1) An owner or operator of a business shall not use or permit the use of a hookah, shisha pipe or water pipe at the place of business. (2) A person who contravenes paragraph (1) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. Page 10 SL 117 of 2020 c Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.4) Regulations, 2020 Regulation 13 13. Repeal of the Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.3) Regulations, 2020 13. The Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.3) Regulations, 2020 are repealed. 14. Expiry 14. These Regulations shall continue in force until 30th September, 2020 or until such later date as the Cabinet may specify by notice in the Gazette, in any other official Government website or official means of communication. Made in Cabinet the 24th day of August, 2020. Davina Wilson Acting Clerk of the Cabinet c SL 117 of 2020 Page 11