Enforcement

Working Together Through Education, Compliance and Enforcement

As of January 14, 2021 at 12:01 a.m., a 'Stay-at-Home' Order is in effect for all of Ontario. The Town of Cobourg and the Cobourg Police Service are working together to educate the community on the ‘Stay-At-Home-Order’ and the Provincial Emergency Declaration by taking a complaints-driven approach and launching a multi-tiered educational awareness campaign.

As part of the new COVID-19 ‘Stay-at-Home-Order’ and the Provincial Emergency Declaration, the Cobourg Police Service along with the Town of Cobourg’s Bylaw Enforcement Officers will be working closely together to ensure the community understands the latest restrictions and stays safe and healthy. The educational campaign focuses on Education, Compliance and lastly Enforcement and will be launched digitally across all online channels along with the launch of a new Enforcement Hotline.

What is Deemed Essential to Leave My House For?

You should only go out for necessities, such as getting food, beverages or medication, going to medical appointments, supporting vulnerable community members, child care, attending school or a post-secondary institution, going to a bank, accessing government services, getting exercise or walking pets, going to work, if you can’t do it remotely.

Businesses must ensure that all employees work from home if they can. Do not travel outside your region or the province unless absolutely necessary.

Enforcement Hotline

The Town of Cobourg has launched an Enforcement Hotline to help assist the community with any questions or concerns they may have on the 'Stay-At-Home-Order' and the Provincial Emergency Declaration.

Call the Enforcement Hotline: (905) 372-4301 x 3
Only call 9-1-1 if it is an emergency. Do not call 9-1-1 with questions or concerns related to the 'Stay-at-Home' Order.

How Will You Enforce the 'Stay-At-Home-Order?'

Cobourg Police Service Special Constables, Uniform Officers and the Town of Cobourg’s Bylaw Enforcement Officers will continue community patrols and will respond to calls as they come in. Officers will not be stopping people randomly and will investigate based on a complaints-driven process.

Review the Stay-at-Home Order (O. Reg. 11/21)

ONTARIO REGULATION 11/21

made under the

EMERGENCY MANAGEMENT AND CIVIL PROTECTION ACT

Made: January 13, 2021 (5:56 p.m.) Filed: January 13, 2021
Published on e-Laws: January 13, 2021
Printed in The Ontario Gazette: January 30, 2021

STAY-AT-HOME ORDER

Terms of Order

1. The terms of this Order are set out in Schedule 1.

Application

2. This Order applies as of 12:01 a.m. on January 14, 2021.

Definition

3. In this Order,

“Stage 1 Order” means Ontario Regulation 82/20 (Rules for Areas in Stage 1) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

SCHEDULE 1

Requirement to remain in residence

1. (1) Every individual shall remain in their place of residence at all times unless leaving their place of residence is necessary for one or more of the following purposes:

Work, school and child care

1. Working or volunteering where the nature of the work or volunteering requires the individual to leave their residence, including when the individual’s employer has determined that the nature of the individual’s work requires attendance at the workplace.

2. Attending school or a post-secondary institution.

3. Attending, obtaining or providing child care.

4. Receiving or providing training or educational services.

Obtaining goods and services

5. Obtaining food, beverages and personal care items.

6. Obtaining goods or services that are necessary for the health or safety of an individual, including health care services and medications.

7. Obtaining goods, obtaining services, or performing such activities as are necessary for the safe operation, maintenance and sanitation of households, businesses, means of transportation or other places.

8. Purchasing or picking up goods through an alternative method of sale, such as curbside pickup, from a business or place that is permitted to provide curbside pickup under the Stage 1 Order.

9. Attending an appointment at a business or place that is permitted to be open by appointment under the Stage 1 Order.

10. Obtaining services from a financial institution or cheque cashing service.

11. Obtaining government services, social services and supports, mental health support services or addictions support services.

Assisting others

12. Delivering goods or providing care or other support or assistance to an individual who requires support or assistance, or receiving such support or assistance, including,

i. providing care for an individual in a congregate care setting, and

ii. accompanying an individual who requires assistance leaving their residence for any purpose permitted under this Order.

13. Taking a child to the child’s parent or guardian or to the parent or guardian’s residence.

14. Taking a member of the individual’s household to any place the member of the household is permitted to go under this Order.

Health, safety and legal purposes

15. Doing anything that is necessary to respond to or avoid an imminent risk to the health or safety of an individual, including,

i. protecting oneself or others from domestic violence,

ii. leaving or assisting someone in leaving unsafe living conditions, and

iii. seeking emergency assistance.

16. Exercising, including,

i. walking or moving around outdoors using an assistive mobility device, or

ii. using an outdoor recreational amenity that is permitted to be open under the Stage 1 Order.

17. Attending a place as required by law or in relation to the administration of justice.

18. Exercising an Aboriginal or treaty right as recognized and affirmed by section 35 of the Constitution Act, 1982.

Multiple residences and moving

19. Travelling to another residence of the individual if,

i. the individual intends to be at the residence for less than 24 hours and is attending for one of the purposes set out in this order; or

ii. the individual intends to reside at the residence for at least 14 days.

20. Travelling between the homes of parents, guardians or caregivers, if the individual is under their care.

21. Making arrangements to purchase or sell a residence or to begin or end a residential lease.

22. Moving residences.

Travel

23. Travelling to an airport, bus station or train station for the purpose of travelling to a destination that is outside of the Province.

Gatherings

24. Attending a gathering for the purpose of a wedding, a funeral or a religious service, rite or ceremony that is permitted under the Stage 1 Order or making necessary arrangements for the purpose of such a gathering.

25. If the individual lives alone, gathering with the members of a single household.

Animals

26. Obtaining goods or services that are necessary for the health or safety of an animal, including obtaining veterinary services.

27. Obtaining animal food or supplies.

28. Doing anything that is necessary to respond to or avoid an imminent risk to the health or safety of an animal, including protecting an animal from suffering abuse.

29. Walking or otherwise exercising an animal.

(2) Despite subsection (1), no person shall attend a business or place that is required to be closed under the Stage 1 Order, except to the extent that temporary access to the closed business or place is permitted under subsection 1 (6) of Schedule 1 to the Stage 1 Order.

(3) This Order does not apply to individuals who are homeless.

(4) If this Order allows an individual to leave their residence to go to a place, it also authorizes them to return to their residence from that place.

(5) The requirement in subsection (1) to remain at an individual’s place of residence does not prevent the individual from accessing outdoor parts of their place of residence, such as a backyard, or accessing indoor or outdoor common areas of the communal residences in which they reside that are open, including lobbies.

(6) For greater certainty, nothing in this Order permits a business or place to be open if it is required to be closed under the Stage 1 Order.

(7) For greater certainty, nothing in this Order permits an individual to gather with other individuals if the gathering is not permitted under the Stage 1 Order.

(8) For greater certainty, individuals may only attend an outdoor organized public event or social gathering that is permitted under the Stage 1 Order for a purpose set out in subsection (1).

Frequently Asked Questions - 'Stay-At-Home-Order'

What is considered an essential trip?

The Ontario government indicated that they can't determine what is essential for every person in the province, but provided a list of categories people should consider before leaving their home, which include food, health-care services (including medication), exercise, or work when someone’s job can’t be done at home.

Is there a limit on the number of times someone can leave their home in a day?

No, but all trips should be considered essential.

Is there a time limit for how long people can leave their homes?

No, but the government said people should spend as little time as possible outdoors.

Why can people still gather in groups of five outdoors?

The province said the outdoor gathering limit of five is in recognition of the fact that some people live alone and may require the company or support of others for their mental and physical well-being. People gathering outside are expected to adhere to physical distancing measures and are being strongly urged to wear a mask.

What is considered essential work?

The stay-at-home order does not define what work or jobs are essential, the government said. Rather, it now mandates that anyone who can work from home must now do so.

Why hasn't the province defined who can or should work from home?

The Ontario government said it can’t review millions of job descriptions to determine who can work from home. They said they are relying on the “best judgement and common sense of employers” to make those decisions. If an employee believes they should be working from home, they can contact the Ministry of Labour to file a health and safety complaint.

Why is the province issuing a stay-at-home order while also permitting curbside pickup?

The government said that this question assumes every single person in Ontario has easy access to online shopping or that there is a big-box retailer in their community. "This isn't the case for many Ontarians who live in rural and remote areas," Ford's spokesperson said.

"We've learned a lot over the past year responding to this pandemic, including the fact that what may be essential to someone in Timmins and how they buy that item may not be essential to someone in downtown Toronto, who can easily buy items online for delivery. The Government of Ontario determining what retailers may be considered essential risks cutting off many Ontarians who don’t live in Toronto or an urban centre from access to necessary goods."

Can people leave home to exercise? Can I go to my local playground or basketball court?

Yes, exercise is considered an essential reason for leaving your home. What that means will be unique to each individual Ontarian, the government said. "Some may wish to go for a walk around the block, while others may wish to go to a local basketball court with their household to shoot some hoops."

Ontarians are recommended to consult their local public health unit or municipality to understand what recreational amenities are open in their community.

How will the government know who is out for legitimate reasons and who isn't?

The province said that residents will have a duty to identify themselves when a police officer has "reasonable and probable grounds" that there has been a breach of the orders made under the Emergency Management and Civil Protection Act.

Are ski hills closed?

Yes. Ski hills are closed.

Is a housekeeper still allowed in my home?

Yes. Domestic services like housekeeping, cooking, indoor and outdoor cleaning and maintenance services are allowed but only to support children, seniors and vulnerable persons.

What about real estate showings?

Real estate showings, including pre-sale construction, are only available by appointment. Open houses are prohibited.

Are restaurants still open for takeout and delivery?

Restaurants and bars aren't affected by the new rules and can remain open for take out, drive-thru, and delivery only.

Can I get my car serviced or buy a new vehicle?

According to the government, vehicle and equipment repair and essential maintenance and vehicle and equipment rental services are available by appointment only. The same applies to the sale of all motor vehicles.

Can I still attend my in-person driving instruction?

No. In-person driving instruction is not permitted, except for instruction for drivers of commercial motor vehicles.

Can I go outside for a walk or go skating at a public rink?

Going outside for exercise is permitted, including walking your dog, running and ice skating at a public rink. However, the government says it prefers if residents would remain home.

Can I go to my cottage or secondary residence?

No. The government says that because it is asking residents to stay home, trips to a cottage or secondary residence should be avoided, unless it is for an essential purpose like emergency maintenance.

I booked a short-term rental getaway. Can I still go?

No. The province says that pre-arranged bookings for short-term rentals at hotels, motels, lodges, cabins, cottages, resorts are prohibited, with exceptions for housing requirements.

Are cannabis dispensaries still open?

Yes. Cannabis dispensaries are open for curbside pick-up or delivery only, but only from 7 a.m. to 8 p.m. As well, an item can only be provided for curbside pickup if the patron ordered the item before arriving at the business premises.

What about alcohol sales?

You can still purchase alcohol at a licensed retailer, but only between the hours of 7 a.m. and 8 p.m.

When do the measures end?

The measures announced Tuesday are scheduled to be in place until at least Feb. 11.

Are places of worship allowed to operate?

The government says that religious services, rites or ceremonies, as well as wedding and funeral services, are permitted so long as face coverings are worn and physical distancing can be maintained. Capacity must be capped at 10 people both indoors and outdoors, regardless of the size of the venue.

Drive-in services, rites or ceremonies are also permitted, subject to certain conditions. Virtual services are also permitted.

My significant other and I live in separate houses, but usually stay over with each other, are we still going to be able to do this?

Individuals who live alone, as well as single parents, can have "exclusive, close contact" with another household to help reduce the negative impacts of social isolation, the government says.

Can you go fishing for the day?

While the government has not provided specific guidance on fishing, it says that exercise is considered an essential reason for leaving your home.

“What that means will be unique to each individual Ontarian,” a government official said in an email.

The government suggests that Ontarians consult their local public health unit or municipality to understand what recreational amenities are open in their community.

Businesses that produce agricultural products by hunting and fishing remain open.

I work in London, Ont. Monday to Friday through the week and return home on weekends. Can I go home on the weekends or do I have to stay in London?

The government is not recommending intra-provincial travel at this time.

What if I'm moving from one city to another? It’s been planned for months now, will this be an issue?

While intra-provincial travel is not recommended, courier, postal, shipping, moving and delivery services remain open, according to the government.

Can I go see a movie at the drive-in?

Concert venues, theatres and cinemas are closed, including drive-in or drive-through events.

We usually go for late-night drives to get out of our house for a bit. I am assuming this is still allowed since it says drive-through and take out still is?

While there’s no guidance on leisurely driving, the government says it “cannot determine what is essential for every person in this province, each with their own unique circumstances and regional considerations.”

That said, intra-provincial travel is not recommended.

Are dentists considered essential in this lockdown, I do not mean for emergencies, just a cleaning?

Dentists may continue to see patients for emergency and non-emergency appointments. Members of the public are only also permitted to enter a shop shopping mall that house a dental office or pharmacy.

What about massages?

Registered massage therapists are regulated health professionals in Ontario and remain open, with reduced capacity, during the stay-at-home order.

Can I go snowmobiling? Tobogganing?

Snowmobile, cross country, dog sledding, snow-shoe, skating trails and tobogganing hills are permitted to open, subject to conditions.

Frequently Asked Questions - Cobourg Police Service Enforcement

Will the police automatically fine someone who does not comply with the Act?

To support our continued efforts to stop the spread of COVID-19 across the province, the Government of Ontario has introduced a minimum fine for people who organize gatherings at residential premises that exceed the capacity limits set out in the orders under the Reopening Ontario Act (A Flexible Response to COVID-19; ROA), 2020.

Under the ROA, individuals who organize gatherings at residential premises that exceed the capacity requirements and any other restrictions will face a minimum fine of $10,000 and the maximum fine for non-compliance remains at $100,000 and a term of imprisonment of not more than one year.

Those who attend such gatherings or Fail to Comply with an order could face a $750 fine.

Police, Provincial Offences Enforcement Officers, Special Constables, and First Nations Constables have the authority to disperse any gatherings that do not comply with capacity requirements and any other restrictions and to clear the premises where those gatherings are held. This is based on public health advice from the government’s health table as well as the Chief Medical Officer of Health.

Can an officer stop a vehicle for no reason?

Officers will not stop vehicles for the sole purpose of checking compliance under the ROA. Officers are only authorized to stop vehicles where there are reasonable grounds to believe the individual(s) are breaking the law, such as for Highway Traffic Act (HTA) violations. Other instances may be complaint driven, where police will follow up on public complaints reported to them.

Will the police start knocking on people’s doors to check that they are staying at home?

The police have no power of entry into a private dwelling, unless authorized by law to do so.

Police will not be checking whether individuals are in violation of the Stay at Home Order, unless it is warranted. For example, police will investigate if they observe or respond to a public complaint about a gathering exceeding the limits imposed by the orders.

Individuals are asked to voluntarily comply with the government measures to limit the spread the COVID-19 virus.

If a person is walking on the street, can an officer randomly stop and question them?

A person being outside does not mean they are contravening the Act. Officers will investigate only if they have reasonable grounds to believe the individual is violating the government measures.

Under the EMCPA, officers are allowed to request identification from an individual if they believe the individual is contravening the act. If the individual refuses to identify themselves, where the officer has reasonable grounds to ask for it, the individual can be fined. Accurate verbal identification, including name, address and date of birth, will suffice.

What will police be doing now that we are under the new Stay at Home Order?

Police services will continue to work with municipal and regional bylaw officers to disperse and/or issue fines as a result of unlawful gatherings and shut down and/or fine businesses contradicting the order.

What are the fines?

The set fines for Orders under EMCPA and ROA are:

Individuals can either be issued a ticket for a set fine amount established by the Chief Justice as listed below, (Part I) or be issued a summons and have an information laid (Part III) in which case the court would impose a penalty upon conviction – subject to the maximum penalty of a fine of not more than $100,000 and not more than one year in jail.

• Fail to comply with an order: $750

• Obstruct any person exercising a power in accordance with an order: $1,000

• Obstruct any person performing a duty in accordance with an order: $1,000

Individuals can continue to be ticketed or prosecuted under the ROA with respect to orders under the ROA. Individuals who do not disperse from a residence when requested by the police can also be fined under the Trespass to Property Act.

Can individuals continue their outdoor activities, such as snowmobiling or ice fishing?

Individuals are encouraged to stay home, but can leave their residence for certain purposes including exercise.

Do individuals have to show proof from their work that they are an essential worker?

No, individuals do not need to show proof that they are an essential worker. However, officers can request they verbally identify themselves if they have reasonable grounds to believe the individual is in violation of an act.

Can I be fined for not wearing a mask in a grocery store?

Yes, police and bylaw officers have the authority to issue a ticket to a customer or staff member who is not wearing a face mask or face covering in a retail setting or business. The face covering or mask must cover the individual’s mouth, nose and chin.

Do I have to show my identification to an officer?

Under the EMCPA, officers are allowed to request an individual verbally identify themselves if they believe the individual is contravening the act. If the individual refuses to verbally identify themselves, where the officer has reasonable ground to ask, the individual can be fined.