Public Health Law (2002 Revision)

CAYMAN ISLANDS Public Health Law (2002 Revision) PREVENTION, CONTROL AND SUPPRESSION OF COVID-19 (GRAND CAYMAN) REGULATIONS, 2020 (SL 47 of 2020) Supplement No. 1 published with Legislation Gazette No. 38 dated 16th May, 2020. PUBLISHING DETAILS Page 2 SL 47 of 2020 c Prevention, Control and Suppression of Covid-19 (Grand Cayman) Regulations, 2020 Arrangement of Regulations CAYMAN ISLANDS Public Health Law (2002 Revision) PREVENTION, CONTROL AND SUPPRESSION OF COVID-19 (GRAND CAYMAN) REGULATIONS, 2020 (SL 47 of 2020) Arrangement of Regulations Regulation Page 1. Citation and commencement .....................................................................................................5 2. Definitions ..................................................................................................................................5 3. Public meetings - exemptions ....................................................................................................6 4. Wearing of masks ......................................................................................................................8 5. Prohibition on holding of public meeting, procession or festive ceremony ..................................8 6. Closure of public places .............................................................................................................9 7. Restriction on certain activities and operations ..........................................................................9 8. Restriction on visitation ............................................................................................................ 10 9. Shelter in place ........................................................................................................................ 10 10. Restriction on certain essential travel ....................................................................................... 14 11. Travelling by boat .................................................................................................................... 15 12. Police powers .......................................................................................................................... 16 13. Repeal of the Prevention, Control and Suppression of Covid-19 Regulations, 2020 ................. 16 14. Expiry ...................................................................................................................................... 16 SCHEDULE 17 c SL 47 of 2020 Page 3 Prevention, Control and Suppression of Covid-19 (Grand Cayman) Regulations, 2020 Regulation 1 CAYMAN ISLANDS Public Health Law (2002 Revision) PREVENTION, CONTROL AND SUPPRESSION OF COVID-19 (GRAND CAYMAN) REGULATIONS, 2020 (SL 47 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 (Grand Cayman) Regulations, 2020. (2) These Regulations come into force on 19th May, 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 9 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 47 of 2020 Page 5 Prevention, Control and Suppression of Covid-19 (Grand Cayman) 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; “virus” means the virus known as Covid-19; and “waters” means the waters of the territorial seas of the Islands. (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; Page 6 SL 47 of 2020 c Prevention, Control and Suppression of Covid-19 (Grand Cayman) Regulations, 2020 Regulation 3 (d) hardware stores and home depots; (e) car dealerships and other businesses which sell vehicle parts, and maintain and repair vehicles; (f) car wash businesses; (g) subject to paragraph (4), construction, building and maintenance businesses, including businesses which provide engineering, plumbing, electrical, air conditioning and similar services; (h) pharmacies; (i) retail banks, building societies and credit unions; (j) gas or refilling stations; (k) post offices, and mail and parcel delivery businesses; (l) money remittance facilities, subject to such conditions as may be imposed by the Competent Authority; (m) educational institutions for the purpose of delivery and collection of material only; and (n) 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) Every person who is indoors a public place specified in paragraph (1) shall wear a mask or cloth face covering in accordance with regulation 4. (4) Construction businesses may, with effect from the date of commencement of these Regulations, and subject to any conditions which may be imposed by the Competent Authority, perform works of construction and related services, in relation to the following — (a) commercial buildings which were being constructed on or before March 27th, 2020 and were not completed by that date; (b) buildings on multi- family sites which were being constructed on or before March 27th, 2020 and were not completed by that date; and (c) buildings constructed before March 27th, 2020 and which were approved for final occupancy inspection on or before that date. (5) Each person in a public place shall maintain a distance of at least six feet or two metres from another person. c SL 47 of 2020 Page 7 Prevention, Control and Suppression of Covid-19 (Grand Cayman) Regulation 4 Regulations, 2020 (6) A person who contravenes paragraph (2), (4) or (5) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 4. Wearing of masks 4. (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 (b) where the person is sitting or eating, without talking, at his or her desk at the person’s place of employment. (2) A person who refuses 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 refuse entry to the person. 5. Prohibition on holding of public meeting, procession or festive ceremony 5. (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 Grand Cayman 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. Page 8 SL 47 of 2020 c Prevention, Control and Suppression of Covid-19 (Grand Cayman) Regulations, 2020 Regulation 6 6. Closure of public places 6. (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, the establishments, institutions, businesses, organisations and offices specified in regulation 3(1) and government offices, all other 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 a.m. and 7:00 p.m.; (c) retail banks, building societies and credit unions shall restrict their hours of business to during the hours of 9:00 a.m. and 4:00 p.m.; and (d) all persons employed within the public service, unless specifically designated as essential workers, shall work remotely from home. (2) Health care facilities shall not be restricted in their hours of business. (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. 7. Restriction on certain activities and operations 7. (1) For the purposes of preventing, controlling and suppressing the spread of the virus, no person shall — (a) host or attend 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 or curb side collection of food; (c) conduct the business of a pet grooming service, unless the person is providing only for the collection and delivery of pets; (d) conduct the business of a retail store, unless the person is providing only for the delivery or curb side collection of goods; (e) conduct the business of a laundromat, unless the person is providing only for the collection and delivery of items; (f) visit or permit entry to any person to — (i) a strata gym; or (ii) a public or strata playground; c SL 47 of 2020 Page 9 Prevention, Control and Suppression of Covid-19 (Grand Cayman) Regulation 8 Regulations, 2020 (g) subject to regulation 10, visit or permit entry to an educational institution, unless the person is involved in the distribution or collection of school supplies; (h) offer for hire or seek to travel on — (i) a boat, travelling inter-island, except for transport of freight or for the importation and distribution of seafood; or (ii) inter-island private commercial sea transport that is non-essential; (i) host or attend a wedding which hosts ten or more persons other than the bride, bridegroom, official witnesses and the marriage officer; or (j) 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. 8. Restriction on visitation 8. (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. (2) No person shall, except with the written permission of the Medical Officer of Health, 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. 9. Shelter in place 9. (1) For the purposes of preventing, controlling and suppressing the spread of the virus and subject to paragraphs (2), (3), (4), (6), (7), (8), (9) and (10), persons shall remain in the confines of their place of residence, inclusive of their yard space. (2) The following persons are exempt from paragraph (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); Page 10 SL 47 of 2020 c Prevention, Control and Suppression of Covid-19 (Grand Cayman) Regulations, 2020 Regulation 9 (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, persons providing pain management services or persons providing treatment of chronic pain; (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 subparagraph (ae); (l) subject to paragraph (3), persons who operate or drive taxis or omnibuses; (m) persons involved in agriculture and food production; (n) persons engaged in the provision of emergency veterinary services; (o) persons engaged in the provision of pet grooming services and persons employed by them to provide collection and delivery services in respect of the pets; (p) persons engaged in the provision of pool maintenance, grounds maintenance, landscaping and gardening services; (q) postal workers and persons employed by mail or parcel courier services to collect and deliver mail and parcels; (r) persons who are involved in the distribution of school supplies at educational institutions; (s) persons who operate and manage retail stores, and persons employed by retail stores to provide delivery services in respect of the goods; c SL 47 of 2020 Page 11 Prevention, Control and Suppression of Covid-19 (Grand Cayman) Regulation 9 Regulations, 2020 (t) persons who operate, manage or are employed by any of the public places specified in regulation 3(1); (u) persons who provide laundromat services and persons employed by laundromats to provide collection and delivery services in respect of the items; (v) persons engaged in the exercise of Cabinet, parliamentary or judicial duties; (w) persons providing services connected with the loading and unloading of cargo ships and with the storage and delivery of goods; (x) persons employed by a business licensed to provide security guard services; (y) persons employed by restaurants to provide food delivery services, until no later than 10:00 p.m.; (z) persons employed by businesses other than restaurants to provide food or grocery delivery services, until no later than 10:00 p.m.; (aa) 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 7:00 p.m.; (ab) civil servants as designated by the Chief Officer of the Portfolio of the Civil Service, for the purposes of performing their employment duties; (ac) persons who operate, manage or are employed by pest control businesses; (ad) 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 (ae) 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, subject to such conditions as may be imposed by the Competent Authority. (3) A person who is exempted to drive a taxi or an omnibus under paragraph (2)(l) shall only drive such taxi or omnibus on the following conditions — (a) only half of the total seating capacity of the taxi or omnibus is used at any time; (b) seating in the taxi or omnibus is staggered in such a way that each passenger is able to distance himself or herself as far as possible from the other passenger and the driver; and (c) all persons, including the driver of the taxi or omnibus, shall wear masks or cloth face coverings when in the taxi or omnibus, Page 12 SL 47 of 2020 c Prevention, Control and Suppression of Covid-19 (Grand Cayman) Regulations, 2020 Regulation 9 and a person who contravenes subparagraph (a) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. (4) Notwithstanding paragraph (1), persons who have to undertake essential travel — (a) to fulfil a legal obligation, including — (i) attending court; (ii) satisfying bail conditions; or (iii) participating in, or representing a person in, legal or related proceedings; (b) in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between, parents and children; or (c) to any of the public places specified under regulation 3(1), may leave their place of residence for such purposes or to travel to such places and to carry out any relevant activity in such places. (5) For the purposes of paragraph (4)(b), “parent” includes a step-parent, a person who has parental responsibility for a child or a person who has care of a child. (6) 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. (7) Notwithstanding paragraph (1) and subject to paragraph (10) and regulation 10, a person may, on any day, engage in outdoor exercise — (a) alone; (b) together with other persons who reside within the same household; or (c) together with one other person not being a member of the person’s household, for no more than two hours each day between the hours of 5:15 a.m. and 7:00 p.m., provided that the person maintains a distance of at least six feet or two metres from any other person. (8) For the purposes of paragraph (7) — (a) exercise includes — (i) the walking of a pet, (ii) playing tennis on a private or strata tennis court; (iii) swimming in a strata pool; and (iv) subject to paragraph (10) and regulation 10, exercising on the beach and swimming in the sea; and c SL 47 of 2020 Page 13 Prevention, Control and Suppression of Covid-19 (Grand Cayman) Regulation 10 Regulations, 2020 (b) exercise shall not be carried out in a public pool, a public gym, or a strata gym. (9) Subject to paragraph (10), a person may fish from the shoreline — (a) alone; (b) together with other persons who reside within the same household; or (c) together with one other person not being a member of the person’s household, on any day between the hours of 5:15. a.m. and 7:00 p.m., provided that the person maintains a distance of at least six feet or two metres from any other person. (10) Notwithstanding that pursuant to paragraph (8)(a)(iv) and paragraph (9) persons may visit the beach to exercise, swim in the sea and fish from the shoreline — (a) no person shall exercise on a beach, swim in the sea or fish from the shoreline on a Sunday; (b) no person shall hold or attend any party, picnic or similar gathering on a beach; (c) no person shall engage in any activity in the waters other than those specified in paragraph (8)(a)(iv) and (9); and (d) no person shall fish from the shoreline in any of the areas specified in the Schedule, and a person who contravenes this paragraph commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. (11) 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. 10. Restriction on certain essential travel 10. (1) Notwithstanding regulation 9(4)(c), and subject to regulation 3(2), the restrictions in paragraph (2) apply to — (a) persons who have to undertake essential travel to the following public places — (i) supermarkets; (ii) convenience stores and minimarts; (iii) hardware stores and home depots; (iv) retail businesses; (v) car wash businesses; Page 14 SL 47 of 2020 c Prevention, Control and Suppression of Covid-19 (Grand Cayman) Regulations, 2020 Regulation 11 (vi) retail banks, building societies and credit unions; (vii) gas or refilling stations; (viii) post offices, and mail and parcel delivery businesses; and (ix) money remittance facilities, subject to such conditions as may be imposed by the Competent Authority; (b) persons who have to travel to educational institutions to collect school supplies; and (c) persons who wish to exercise on the beach or swim in the sea. (2) Subject to paragraph (3), where persons have to travel to a place in paragraph (1)(a) or (b) or wish to exercise on the beach or swim in the sea in accordance with paragraph (1)(c) — (a) persons whose surnames begin with the letters A to K shall only do so on Mondays, Wednesdays, and Fridays; and (b) persons whose surnames begin with the letters L to Z shall only do so on Tuesdays, Thursdays, and Saturdays. (3) Where a person has a double-barrelled surname, the first name of the person’s double-barrelled surname shall be the name used for the purposes of paragraph (2). (4) A person 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. 11. Travelling by boat 11. (1) A person in Grand Cayman may use a boat between the hours of 5:15 a.m. and 7:00 p.m. on any day, not including Sunday, only for the purpose of fishing in the waters but — (a) no more than two persons shall be on any boat; (b) no person shall travel by boat to visit Cayman Brac or Little Cayman; and (c) no person shall operate or manoeuvre a boat so as to congregate or gather with any other person on any other boat or vessel. (2) No person shall congregate or conduct any boating activity in the waters in the areas specified in the Schedule. (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. c SL 47 of 2020 Page 15 Prevention, Control and Suppression of Covid-19 (Grand Cayman) Regulation 12 Regulations, 2020 12. Police powers 12. (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. 13. Repeal of the Prevention, Control and Suppression of Covid-19 Regulations, 2020 13. The Prevention, Control and Suppression of Covid-19 Regulations, 2020 are repealed. 14. Expiry 14. These Regulations shall continue in force for a period of fourteen days from the date of 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. Page 16 SL 47 of 2020 c Prevention, Control and Suppression of Covid-19 (Grand Cayman) Regulations, 2020 SCHEDULE SCHEDULE (regulations 9 and 11) Areas of Grand Cayman in which congregating, boating and fishing are prohibited Persons shall not congregate, conduct any boating activity, or fish in the waters of the following areas — 1. the area known as Star Fish Point, that is to say the area within a radius of 1/2 to 3/4 of a mile of Latitude 19° 21.370'N Longitude 81° 17.014'W; 2. the area known as Rum Point, that is to say the area within a radius of 1/2 to 3/4 of a mile of Latitude 19° 22.284'N Longitude 81° 16.392'W; 3. the area known as Sandbar, that is to say the area within a radius of 1/2 to 3/4 of a mile of Latitude 19° 22.536'N Longitude 81° 18.295'W; and 4. the area known as Stingray City, that is to say the area within a radius of 1/2 to 3/4 of a mile of Latitude 19°23’18.43'N Longitude 81° 20’45'W. Made in Cabinet the 15th day of May, 2020. Kim Bullings Clerk of the Cabinet c SL 47 of 2020 Page 17