Public Health Law (2002 Revision)

CAYMAN ISLANDS Public Health Law (2002 Revision) PUBLIC HEALTH (PREVENTION, CONTROL AND SUPPRESSION OF COVID-19) REGULATIONS, 2020 (SL 29 of 2020) Supplement No. 3 published with Legislation Gazette No. 22 dated 27th March, 2020. PUBLISHING DETAILS Page 2 SL 29 of 2020 c Public Health (Prevention, Control and Suppression of Covid-19) Regulations, 2020 Arrangement of Regulations CAYMAN ISLANDS Public Health Law (2002 Revision) PUBLIC HEALTH (PREVENTION, CONTROL AND SUPPRESSION OF COVID-19) REGULATIONS, 2020 (SL 29 of 2020) Arrangement of Regulations Regulation Page 1. Citation and commencement .....................................................................................................5 2. Definitions ..................................................................................................................................5 3. Public meetings - exemptions ....................................................................................................6 4. Prohibition of holding of public meeting, procession or festive ceremony ...................................7 5. Closure of public places .............................................................................................................7 6 Restriction on certain activities and operations ..........................................................................8 7. Restriction on visitation ..............................................................................................................8 8 Shelter in place ..........................................................................................................................9 9 Police powers .......................................................................................................................... 11 10 Expiry ...................................................................................................................................... 11 11 Repeal of the Public Health (Control and Suppression of Covid-19) Regulations, 2020 and the Public Health (Control and Suppression of Covid-19) (Amendment) Regulations, 2020 ........................................................................................................................................ 12 c SL 29 of 2020 Page 3 Public Health (Prevention, Control and Suppression of Covid-19) Regulations, 2020 Regulation 1 CAYMAN ISLANDS Public Health Law (2002 Revision) PUBLIC HEALTH (PREVENTION, CONTROL AND SUPPRESSION OF COVID-19) REGULATIONS, 2020 (SL 29 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 Public Health (Prevention, Control and Suppression of Covid-19) Regulations, 2020. (2) These Regulations come into force at 5.01 am on 28th March, 2020. 2. Definitions 2. (1) In these Regulations — “Competent Authority” means the member of Cabinet charged with responsibility for international trade; “essential establishments, institutions, businesses, organisations and offices” means establishments, institutions, businesses, organisations and offices at which persons specified under regulation 8 are employed; “festive ceremony” means a ceremony to celebrate a locally recognised religious event or a public general holiday and includes an agricultural show; c SL 29 of 2020 Page 5 Public Health (Prevention, Control and Suppression of Covid-19) Regulation 3 Regulations, 2020 “non-profit organisation” has the meaning assigned by the Non-Profit Organisations Law (2020 Revision); “public general holiday” has the meaning assigned by the Public Holidays Law (2007 Revision); “public meeting” includes a gathering of more than two 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 (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. 3. Public meetings - exemptions 3. (1) For the avoidance of doubt, and subject to this regulation, the definition of “public meeting” in regulation 2 does not extend to any activity in the following public places — (a) health care facilities; (b) supermarkets; (c) convenience stores and minimarts; (d) pharmacies; Page 6 SL 29 of 2020 c Public Health (Prevention, Control and Suppression of Covid-19) Regulations, 2020 Regulation 4 (e) retail banks, building societies and credit unions; (f) gas or refilling stations; and (g) 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. (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. (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. 4. Prohibition of holding of public meeting, procession or festive ceremony 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 commencing on the date these Regulations come into force 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. 5. Closure of public places 5. (1) For the purposes of preventing, controlling and suppressing the spread of the virus — (a) with the exception of essential establishments, institutions, businesses, organisations and offices, all establishments, institutions, businesses, organisations and offices shall be closed but, if the establishments, institutions, businesses, organisations or offices so require, their employees shall work remotely from home; (b) the public places specified in regulation 3(1),( with the exception of health care facilities, retail banks, building societies and credit unions), shall restrict their hours of business to during the hours of 6:00 am and 6:00 pm; (c) retail banks, building societies and credit unions shall restrict their hours of business to during the hours of 9:00 am and 1:00 pm; and (d) all persons employed within the public service, unless specifically designated as essential workers, shall work remotely from home. c SL 29 of 2020 Page 7 Public Health (Prevention, Control and Suppression of Covid-19) Regulation 6 Regulations, 2020 (2) Health care facilities shall not be restricted in their hours of business. (3) Convenience stores and minimarts shall have no more than six customers at any time. (4) A person who contravenes paragraph (1) or paragraph (3) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 6 Restriction on certain activities and operations 6. (1) For the purposes of preventing, controlling and suppressing the spread of the virus, no person shall — (a) host a private party which includes any person from outside of the immediate household of the house occupant; (b) conduct the business of a restaurant, unless the restaurant is providing only for drive-through services or, the take out, delivery of food or curb side collection of food; (c) visit or permit entry to any person to — (i) a private strata pool or strata gym; or (ii) a playground; (d) perform works of construction of any sort, apart from urgent home plumbing, electrical or roof repairs; (e) offer for hire or seek to travel on — (i) a boat, sailing inter-island, except for transport of freight; or (ii) inter-island private commercial sea transport that is non-essential; (f) host or attend a wedding which hosts ten or more persons other than the bride, bridegroom, official witnesses and the marriage officer; or (g) host or attend a funeral, except ten members of the immediate family, 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. 7. Restriction on visitation 7. (1) With the exception of the Medical Officer of Health or a person authorised by the Medical Officer of Health 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. Page 8 SL 29 of 2020 c Public Health (Prevention, Control and Suppression of Covid-19) Regulations, 2020 Regulation 8 (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 Shelter in place 8. (1) For the purposes of preventing, controlling and suppressing the spread of the virus, and subject to paragraphs (2), (3), (4), (5), and (6) persons shall remain in the confines of their place of residence, inclusive of their yard space. (2) The following persons are exempt from regulation (1) while carrying out their official or employment related duties — (a) an officer of the Royal Cayman Islands Police Service referred to in section 3 of the Police Law (2017 Revision); (b) a customs and border control officer of the Customs and Border Control Service established under section 3 of the Customs and Border Control Law, 2018; (c) an officer of the Fire Brigade established under section 3 of the Fire Brigade Law (2006 Revision); (d) a prison officer; (e) persons involved in essential services delivery, in the form of child protection and residential care, in the Department of Children and Family Services; (f) waste and sanitation workers; (g) staff within a health care facility or persons delivering emergency medical services; (h) essential officers of any water, electricity or other sector encompassing the provision of electronic communications including print and electronic media; (i) persons employed to physically deliver water or cooking gas to premises; (j) persons who provide care to other persons with a disability or who are otherwise vulnerable persons; (k) non-profit organisations which, and other persons who, engage in the preparation and delivery of food and supplies to persons with disabilities or to persons who are vulnerable persons, where those non-profit organisations and persons are approved by the Competent Authority for the purpose of paragraph (w); (l) subject to paragraph (3), persons who operate taxis; (m) persons involved in agriculture and food production; (n) persons engaged in the provision of emergency veterinary services; (o) persons engaged in the exercise of Cabinet, parliamentary or judicial duties; c SL 29 of 2020 Page 9 Public Health (Prevention, Control and Suppression of Covid-19) Regulation 8 Regulations, 2020 (p) persons providing services connected with the loading and unloading of cargo ships and with the storage and delivery of goods; (q) persons employed by a business licensed to provide security guard services; (r) persons employed by restaurants to provide food delivery services, until no later than 9:00 pm; (s) persons employed by businesses other than restaurants to provide food or grocery delivery services, until no later than 9:00 pm; (t) persons who travel to restaurants which provide drive-through or curb side collection of food or provide for the take out of food, until no later than 6:00 pm; (u) civil servants as designated by the Chief Officer of the Portfolio of the Civil Service, for the purposes of performing their employment duties; (v) other members of an essential service or an essential services provider, as designated by the Competent Authority after consultation with the Hazard Management Department of the Cayman Islands, for the purposes of performing their employment duties; and (w) other persons involved in such other activities, duties, businesses, purposes or undertakings as may be specified by the Competent Authority and notified in the Gazette, in any other official Government website or official means of communication. (3) A person who is exempted to operate a taxi under paragraph (2)(l) 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. (4) Notwithstanding paragraph (1), persons who have to undertake essential travel to any of the public places specified under regulation 3(1), namely — (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 to refuel a motor vehicle; and (g) 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, may leave their place of residence to travel to such places and to carry out any relevant activity in such places. Page 10 SL 29 of 2020 c Public Health (Prevention, Control and Suppression of Covid-19) Regulations, 2020 Regulation 9 (5) Paragraph (1) does not apply to persons who are required to leave their place of residence because they are at risk of injury or risk of death. (6) Notwithstanding paragraph (1), a person may engage in outdoor exercise, whether alone or together with a family member living at the same residence, for no more than an hour and a half each day between the hours of 6:00 am and 6:00 pm, provided that the person maintains a distance of at least six feet or two metres from another person. (7) For the purposes of paragraph (6) — (a) exercise includes the walking of a pet; and (b) exercise shall not be carried out in a public pool, a public gym, around or in a strata pool or a strata gym. (8) A person who, without lawful authority, remains in a place other than the confines of the person’s place of residence, inclusive of the person’s yard space, commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 9 Police powers 9. (1) A police officer may require a person to answer any questions to enable the police officer to ascertain who the person is and whether the person is exempt under these Regulations, and where the person does not satisfy the police officer that the person falls within the exempted categories set out under these Regulations, the police officer may — (a) direct the person to go immediately to the person’s place of residence; or (b) detain and convey the person to the person’s place of residence. (2) The power in paragraph (1) may be exercised where a person is at any place other than the person’s place of residence. (3) For the purposes of exercising the power in paragraph (1), a police officer may enter any place other than a residence. (4) A police officer may use reasonable force, if necessary, in the exercise of a power under this regulation. 10 Expiry 10. These Regulations shall continue in force for a period of ten days from the commencement of these Regulations, unless extended for a further period as the Cabinet may specify by notice in the Gazette, in any other official Government website or official means of communication. c SL 29 of 2020 Page 11 Public Health (Prevention, Control and Suppression of Covid-19) Regulation 11 Regulations, 2020 11 Repeal of the Public Health (Control and Suppression of Covid-19) Regulations, 2020 and the Public Health (Control and Suppression of Covid- 19) (Amendment) Regulations, 2020 11. The Public Health (Control and Suppression of Covid-19) Regulations, 2020 and the Public Health (Control and Suppression of Covid-19) (Amendment) Regulations, 2020 are repealed. Made in Cabinet the 27th day of March, 2020. Kim Bullings Clerk of the Cabinet Page 12 SL 29 of 2020 c