Public Health Law (2002 Revision)

CAYMAN ISLANDS Public Health Law (2002 Revision) PREVENTION, CONTROL AND SUPPRESSION OF COVID-19 (CAYMAN BRAC) REGULATIONS, 2020 (SL 46 of 2020) Supplement No. 1 published with Legislation Gazette No. 36 dated 7th May, 2020. PUBLISHING DETAILS Page 2 SL 46 of 2020 c Prevention, Control and Suppression of Covid-19 (Cayman Brac) Regulations, 2020 Arrangement of Regulations CAYMAN ISLANDS Public Health Law (2002 Revision) PREVENTION, CONTROL AND SUPPRESSION OF COVID-19 (CAYMAN BRAC) REGULATIONS, 2020 (SL 46 of 2020) Arrangement of Regulations Regulation Page 1. Citation ......................................................................................................................................5 2. Non-application of the Prevention, Control and Suppression of Covid-19 Regulations, 2020 ..........................................................................................................................................5 3. Definitions ..................................................................................................................................5 4. Public meetings - exemptions ....................................................................................................7 5. Prohibition on holding of public meeting, procession or festive ceremony ..................................8 6. Civil servants to work remotely from home .................................................................................8 7. Restriction on visitation ..............................................................................................................8 8. Wearing of masks ......................................................................................................................8 9. Public Transport ........................................................................................................................9 10. Travel between the Islands ........................................................................................................9 11. Travelling by boat for pleasure ................................................................................................. 11 12. Expiry ...................................................................................................................................... 11 c SL 46 of 2020 Page 3 Prevention, Control and Suppression of Covid-19 (Cayman Brac) Regulations, 2020 Regulation 1 CAYMAN ISLANDS Public Health Law (2002 Revision) PREVENTION, CONTROL AND SUPPRESSION OF COVID-19 (CAYMAN BRAC) REGULATIONS, 2020 (SL 46 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 1. These Regulations may be cited as the Prevention, Control and Suppression of Covid- 19 (Cayman Brac) Regulations, 2020. 2. Non-application of the Prevention, Control and Suppression of Covid-19 Regulations, 2020 2. With effect from the date of commencement of these Regulations, the Prevention, Control and Suppression of Covid-19 Regulations, 2020 do not apply to Cayman Brac. 3. Definitions 3. (1) In these Regulations — “Competent Authority” means the member of Cabinet charged with responsibility for international trade; “essential services” includes services provided by the following persons — c SL 46 of 2020 Page 5 Prevention, Control and Suppression of Covid-19 (Cayman Brac) Regulation 3 Regulations, 2020 (a) medical personnel; (b) engineers; (c) crane operators; (d) truck operators; (e) utility workers; (f) persons employed to physically deliver propane gas to premises or to otherwise deal with propane gas; (g) persons engaged in the exercise of Cabinet, parliamentary or judicial duties; (h) civil servants designated as essential workers by the Chief Officer of the Portfolio of the Civil Service; (i) officers of the Royal Cayman Islands Police Service referred to in section 3 of the Police Law (2017 Revision); (j) customs and border control officers of the Customs and Border Control Service established under section 3 of the Customs and Border Control Law, 2018; (k) officers of the Fire Brigade established under section 3 of the Fire Brigade Law (2006 Revision); (l) prison officers; and (m) such other persons as approved by the Director of the Sister Islands Health Services, the District Commissioner for Cayman Brac and Little Cayman or the Deputy of the District Commissioner; “festive ceremony” means a ceremony to celebrate a locally recognised religious event or a public general holiday and includes an agricultural show; “public general holiday” has the meaning assigned by the Public Holidays Law (2007 Revision); “public meeting” includes a gathering of not more than twenty-five persons in any public place for the purposes of engaging in the following activities — (a) leisure, recreational or spiritual activities including those organised by service clubs, faith-based organisations, community organisations, civic organisations and business organisations; (b) parades and social activities related to such parades, including stage shows and parties; (c) sporting events; (d) concerts; (e) conventions; (f) conferences; (g) graduations; and Page 6 SL 46 of 2020 c Prevention, Control and Suppression of Covid-19 (Cayman Brac) Regulations, 2020 Regulation 4 (h) fundraisers, and such other activities as are specified by the Competent Authority and notified in the Gazette, in any other official Government website or official means of communication; “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 “virus” means the virus known as Covid-19. (2) 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” or persons who reside within the same household. 4. Public meetings - exemptions 4. (1) For the avoidance of doubt, and subject to this regulation, the definition of “public meeting” in regulation 3 does not extend to any activity in the following public places — (a) health care facilities; (b) supermarkets; (c) convenience stores and minimarts; (d) pharmacies; (e) retail banks, building societies and credit unions; (f) gas or refilling stations; (g) post offices; (h) money remittance facilities, subject to such conditions as may be imposed by the Competent Authority; (i) outdoor areas of restaurants; (j) churches; and (k) such other public places as may be specified by the Competent Authority and notified in the Gazette, in any other official Government website or official means of communication, subject to such conditions as may be imposed by the Competent Authority. (2) The owner or operator of a public place specified in paragraph (1) shall restrict the number of customers inside the place of business at any one time so that each customer is able to distance himself or herself at least six feet or two metres from any other person. (3) Each person in a public place shall maintain a distance of at least six feet or two metres from another person. c SL 46 of 2020 Page 7 Prevention, Control and Suppression of Covid-19 (Cayman Brac) Regulation 5 Regulations, 2020 (4) A person who contravenes paragraph (2) or (3) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 5. Prohibition on holding of public meeting, procession or festive ceremony 5. (1) Subject to regulation 4(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 in the Islands until further notice or until such date as the Cabinet may by notice specify. (2) A notice under paragraph (1) shall be published in the Gazette, in any other official Government website or official means of communication. (3) 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. 6. Civil servants to work remotely from home 6. All civil servants, unless specifically designated as essential workers by the Chief Officer of the Portfolio of the Civil Service, shall work remotely from home. 7. Restriction on visitation 7. (1) With the exception of the Director of the Sister Islands Health Services or a person authorised by the Director of the Sister Islands Health Services for the purposes of surveillance or management of a person in quarantine or isolation, no person shall visit or be permitted to visit — (a) a place or facility of quarantine or isolation; (b) a detainee in a prison or place of detention; or (c) a patient in a health care facility. (2) No person shall, except with the written permission of the Director of the Sister Islands Health Services, visit or be permitted to visit a residential home care facility. (3) A person who contravenes paragraph (1) or (2) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 8. Wearing of masks 8. (1) With effect from the date of commencement of these Regulations, any person over the age of two years who is indoors a public place and is unable to, or does not maintain a distance of six feet from every other person, shall cover his or her mouth and nose with a mask or cloth face covering, except — (a) where the person is unable to wear a mask or cloth face covering due to a medical condition or the person is otherwise exempted by guidance provided by the Medical Officer of Health; or Page 8 SL 46 of 2020 c Prevention, Control and Suppression of Covid-19 (Cayman Brac) Regulations, 2020 Regulation 9 (b) the person is sitting or eating, without talking, at his or her desk at the person’s place of employment. (2) A person who declines to wear a mask or cloth face covering because of a medical condition shall not be required to produce documentation verifying the condition. (3) Paragraph (1) applies to all employees and customers of businesses and other organizations open to the public. (4) All persons are also required to wear masks or cloth face coverings when providing or using the services of any taxi or ride-sharing, or similar public transport service or while within an enclosed or semi enclosed waiting area for the transport service. (5) The Medical Officer of Health shall issue written guidance to implement the provisions of this regulation, which shall include guidance for the use of masks or cloth face coverings by children between the ages of two and ten years old. (6) The guidance under paragraph (5) shall be published in the Gazette, in any other official Government website or official means of communication. (7) Where a customer refuses to wear a mask or cloth face covering for non-medical reasons, the owner or operator of a public place may decline entry to the person. (8) A person who is eighteen years of age or older and who contravenes paragraph (1) or (4) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 9. Public Transport 9. (1) A person who operates a taxi shall only operate such taxi on the condition that there are no more than two passengers in the taxi at any one time so that each passenger is able to distance himself or herself as far as possible from the other passenger and the driver. (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. 10. Travel between the Islands 10. (1) Subject to this regulation, any person in Grand Cayman or Little Cayman may travel to Cayman Brac by air transport. (2) Persons who carry out essential services in Cayman Brac may travel to and from Grand Cayman and Little Cayman to Cayman Brac by air transport or by boat. (3) Subject to paragraph (2) and this regulation, no person in Grand Cayman is permitted to travel by boat to Cayman Brac except for the transport of freight to Cayman Brac. c SL 46 of 2020 Page 9 Prevention, Control and Suppression of Covid-19 (Cayman Brac) Regulation 10 Regulations, 2020 (4) Persons travelling to Cayman Brac from Grand Cayman or Little Cayman by air transport or by boat to carry out essential services as provided in paragraph (2) are not required to be quarantined or isolated in accordance with the Law and the regulations made thereunder. (5) A person who wishes to travel to Cayman Brac from Grand Cayman or Little Cayman shall — (a) prior to travelling — (i) notify the Medical Officer of Health or the Director of the Sister Islands Health Services of the proposed travel; (ii) remain at a place of isolation as specified by the Medical Officer of Health or the Director of the Sister Islands Health Services for a period of not less than fourteen days; and (iii) be tested for the virus; and (b) only be permitted to travel after such test has been declared to be negative by the Medical Officer of Health. (6) Where a person has tested negative for the virus, the person shall be transported immediately after the person has received the results to the airport or to the boat for boarding, by a person assigned by the Medical Officer of Health or the Director of the Sister Islands Health Services. (7) A person in Cayman Brac who wishes to travel to Grand Cayman for medical reasons shall obtain the prior approval of the Director of the Sister Islands Health Services to do so but this shall not apply where a medical doctor determines that a case is an emergency and that travel to Grand Cayman is required. (8) A person referred to in paragraph (7) shall, for a period of fourteen days — (a) from the date of arrival in Grand Cayman; or (b) from the date of return to Cayman Brac, for the purposes of surveillance by the Medical Officer of Health or the Director of the Sister Islands Health Services, remain at a place of isolation as specified by the Medical Officer of Health or the Director of the Sister Islands Health Services and shall be subject to such conditions as are specified by the Medical Officer of Health or the Director of the Sister Islands Health Services. (9) The date in paragraph (8) from which a person referred to in paragraph (7) shall be required to remain in isolation shall be determined having regard to the person’s medical circumstances. (10) A person who contravenes paragraph (3), (5), (7) or (8) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. Page 10 SL 46 of 2020 c Prevention, Control and Suppression of Covid-19 (Cayman Brac) Regulations, 2020 Regulation 11 11. Travelling by boat for pleasure 11. (1) A person in Cayman Brac may use a boat to travel for pleasure including for fishing in the waters but no more than two persons shall be on any boat and no person shall so travel for pleasure to visit Grand Cayman or Little Cayman. (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. 12. Expiry 12. These Regulations shall continue in force until 31st May, 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 7th day of May, 2020. Kim Bullings Clerk of the Cabinet c SL 46 of 2020 Page 11