Council Preview
Council Preview
By John Swartz
Orillia council will meet for special council meeting at noon today. It will be televised on Rogers TV.
The only item on the agenda is to enact an Emergency Measures By-law.
The text of what council will be discussing was not released until 30 minutes before the noon start of the meeting called 24 hours ago. The emergency was already declared March 20 and several items have already been communicated by the emergency team which people have to follow. The by-law serves to define what those orders are:
3. a) Every Person shall maintain at least a 2.0 metre distance from every other Person when in any Public Place, except Persons who reside together in the same premises.
b) No Person shall permit a child under the age of 16 to be less than a 2.0 metre distance from another Person when in any Public Place, except Persons who reside together in the same premises.
c) No Proprietor shall permit any Person to be seated or to be standing inside or outside a business operating during the COVID-19 Emergency at a distance of less than 2.0 metres from every other Person, except Persons who reside together in the same premises or the employees of the said business.
4. No person shall:
a) Enter or use the Couchiching Beach Park boat launch;
b) Enter or use the Collins Drive boat launch;
c) Enter or moor a boat at the Port of Orillia; or
d) Hold a garage sale.
Expanded Enforcement Power
By-law officers are being given specific authorities:
6. The provisions of this By-law may be enforced by an Officer.
7. An Officer may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether any provision of this By-law is being complied with.
8. For the purposes of conducting an inspection pursuant to this By-law, an Officer may:
a) require the production for inspection of documents or things relevant to the inspection;
b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
c) require information from any person concerning a matter related to the inspection; and
d) alone, or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.
9. No Person shall prevent, hinder or obstruct, or attempt to hinder or obstruct, an Officer who is exercising a power or performing a duty under this By-law, including refusing to identify themselves when requested to do so by an Officer.
Penalties
The by-law also addresses fines, which have been previously enacted by the province and outlines another class charges which will involve going to court.
14. Every Person who contravenes any provision of this By-law, including failing to comply with an order made under this By-law, is guilty of an offence and is liable to a fine, and such other penalties, as provided for in the Provincial Offences Act and the Municipal Act, 2001.
15. In addition to section 14, any Person who is charged with an offence under this By-law by the laying of an information under Part Ill of the Provincial Offences Act and is found guilty of the offence is liable, pursuant to the Municipal Act, 2001, to the following fines:
a) the minimum fine for an offence is $500 and the maximum fine for an offence is $100,000;
b) in the case of a continuing offence, for each day or part of a day that the offence continues, the minimum fine shall be $500 and the maximum fine shall be $10,000 and the total of all daily fines for the offence is not limited to $100,000; and
c) in the case of a multiple offence, for each offence included in the multiple offence, the minimum fine shall be $500 and the maximum fine shall be $10,000 and the total of all fines for each included offence is not limited to $100,000.
The last clause of the by-law puts a time limit on the period of application, which is until the province the COVID-19 emergency under the Emergency Management and Civil Protection Act.
