1. These Regulations may be cited as the Public Health [2019 Novel Coronavirus (2019-nCoV)] (No. 16) Regulations, 2021.
2. In these Regulations–
“face covering” means a covering of any type which covers the nose, mouth and chin of the person wearing it;
“motor car” means a motor vehicle which is registered to carry no more than five persons;
“public place” means any highway, street, public park or garden, any beach, sea, river, stream, pond, spring or similar body of water, any public pool or mud volcano or mud pools and any public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not and includes any open or enclosed space to which, for the time being, the public have or are permitted to have access whether on payment or otherwise; and
“vessel” means any ship, boat, barge, lighter or raft and any other description of craft, whether used in navigation or not, but does not include government vessels.
3. (1) No person shall, without reasonable excuse, travel in a vehicle or vessel without wearing a face mask, face shield or face covering in a manner which covers his nose, mouth and chin.
(2) Where the person under this regulation is a child accompanied by an individual who has responsibility for the child, the individual shall provide and ensure that the child has and wears the face mask, face shield or face covering as required by this regulation.
(3) Subregulations (1) and (2) do not apply–
(a) to a child who is under the age of eight;
(b) where a person is in the vehicle or vessel alone; or
(c) where a person is allocated a cabin, berth or other similar accommodation, at any time when they are in that accommodation alone.
(4) For the purposes of subregulation (1), the circumstances in which a person has a reasonable excuse include those where–
(a) the person cannot put on, wear or remove a face mask, face shield or face covering–
(i) because of any physical or mental illness or impairment, or disability; or
(ii) without severe distress;
(b) the person is travelling with, or providing assistance to, another person and such other person relies on lip reading to communicate with the first person;
(c) the person removes their face mask, face shield or face covering to avoid harm or injury, or the risk of harm or injury, to himself or others;
(d) the person is travelling to avoid injury, or to escape a risk of harm, and does not have a face mask, face shield or face covering with him;
(e) if it is reasonably necessary for the person to eat or drink, the person removes his face mask, face shield or face covering to eat or drink;
(f) the person has to remove his face mask, face shield or face covering to take medication;
(g) a request is made of the person to remove his face mask, face shield or face covering temporarily for security and identification purposes, if necessary, for the purpose of receiving services; or
(h) the circumstances provided for in guidelines issued by the Ministry of Health.
(5) A person who contravenes this regulation commits an offence and is liable to a fixed penalty fine set out in Schedule 2, in addition to such administrative fees as may be determined by the Chief Justice under section 21A of the Summary Courts Act, and on failure to pay the fixed penalty, may be liable on summary conviction to a fine of five thousand dollars and to a term of imprisonment of three days.
(6) Sections 105A to 105H of the Act apply to an offence under this regulation and–
(a) the relevant fixed penalty notice shall be in the form set out as Form A in Schedule 1; and
(b) the relevant fixed penalty shall be the fine specified in Schedule 2.
(7) For the purposes of section 105A(6) of the Act, a person filing an appeal shall use the form set out as Form B in Schedule 1.
4. (1) No person shall, without reasonable excuse, be–
(a) in a public place; or
(b) at any of the following places:
(i) educational establishments for the purpose of any examination;
(ii) a religious or ecclesiastical organisation for the conduct of religious activities, funeral services or wedding services; or
(iii) a religious or ecclesiastical organisation for religious meetings or services conducted by electronic means for the purposes of recording or live streaming same, without wearing a face mask, face shield or face covering in a manner which covers his mouth, nose and chin.
(2) Where the person under this regulation is a child accompanied by an individual who has responsibility for the child, the individual shall provide and ensure that the child has and wears the face mask, face shield or face covering as required by this regulation.
(3) The owner or operator of any business which provides goods or services to the public shall ensure that a member of the public is not permitted entry to, or otherwise remains within, any enclosed space within the premises of the business unless, the member of the public is wearing a face mask, face shield or face covering, in a manner which covers his mouth, nose and chin.
(4) Subregulations (1) to (3) shall not apply to–
(a) children under eight years of age;
(b) employees and agents of the person responsible for the business within an area designated for them and not for public access, or within or behind a physical barrier, subject to such guidelines made by the Ministry of Health; and
(c) those circumstances provided for in guidelines made by the Ministry of Health.
(5) For the purposes of subregulation (1), the circumstances in which a person has a reasonable excuse include those where–
(a) the person cannot put on, wear or remove a face mask, face shield or face covering–
(i) because of any medical, physical or mental illness or impairment, or disability which inhibits their ability to wear a face mask, face shield or face covering; or
(ii) without severe distress;
(b) the person is travelling with, or providing assistance to, another person and such other person relies on lip reading to communicate with the first person;
(c) the person removes his face mask, face shield or face covering to avoid harm or injury, or the risk of harm or injury, to himself or others;
(d) the person is travelling to avoid injury, or to escape a risk of harm, and does not have a face mask, face shield or face covering with him;
(e) if it is reasonably necessary for the person to eat or drink, the person removes his face mask, face shield or face covering to eat or drink;
(f) the person has to remove his face mask, face shield or face covering to take medication;
(g) a request is made of that person to remove his face mask, face shield or face covering temporarily for security and identification purposes if necessary for the purpose of receiving services; or
(h) the circumstances provided for in guidelines issued by the Ministry of Health.
(6) Subject to the exemptions in subregulation (4)(b), an employee shall wear a face mask, face shield or face covering when working in an enclosed public place or space.
(7) A person who contravenes this regulation commits an offence and is liable to a fixed penalty fine set out in Schedule 2, in addition to such administrative fees as may be determined by the Chief Justice under section 21A of the Summary Courts Act, and on failure to pay the fixed penalty, may be liable on summary conviction to a fine of five thousand dollars and to a term of imprisonment of three days.
(8) Sections 105A to 105H of the Act apply to an offence under this regulation and–
(a) the relevant fixed penalty notice shall be in the form set out as Form A in Schedule 1; and
(b) the relevant fixed penalty shall be the fine specified in Schedule 2.
(9) For the purposes of section 105A(6) of the Act, a person filing an appeal shall use the form set out as Form B in Schedule 1.
5. (1) During the period specified in regulation 14, a person who provides public transport in a motor vehicle shall not carry, where the motor vehicle is–
(a) a motor car, more than fifty per cent; or
(b) every other type of motor vehicle, more than fifty per cent, of the number of passengers for which the motor vehicle is licensed to carry.
(2) The seating requirements for maxi-taxis shall be in accordance with Schedule 3.
6. Small and large businesses shall comply with the guidelines for Small and Large Businesses issued by the Ministry of Health.
7. All air and sea ports or any place where an aircraft or ship or vessel can land shall, except in relation to air and sea cargo, remain closed to the arrival or departure of aircraft or ships or other vessels carrying passengers unless permitted by the Minister with responsibility for national security.
8. (1) Notwithstanding the fact that the Caribbean Public Health Agency (CARPHA) has not yet approved any private medical laboratory to do testing for the 2019 Novel Coronavirus (2019-nCoV), where a private medical laboratory or a medical practitioner does such testing on a person or a medical practitioner refers a person for such testing and the result of such testing is a positive result, the private medical laboratory or medical practitioner and the person so tested shall immediately report and forward the results to the Chief Medical Officer and the Regional Health Authority of the area in which the person to whom the results apply resides or works.
(2) Where a private medical laboratory, medical practitioner or a person fails to report and forward results to the Chief Medical Officer and the Regional Health Authority in accordance with subregulation (1), the owner or operator of the private medical laboratory, medical practitioner or the person, as the case may be, commits an offence and is liable on summary conviction to a fine of two hundred and fifty thousand dollars and to imprisonment for six months.
9. (1) Where the result of a test conducted by the Caribbean Public Health Agency (CARPHA) or by a private medical laboratory under regulation 11 shows that a person is suffering from the 2019 Novel Coronavirus (2019-nCoV), the Minister of Health may give such directions as he thinks fit, for–
(a) the restraint, segregation and isolation of that person or any other person who, by exposure to infection from that person, is likely to suffer from the 2019 Novel Coronavirus (2019-nCoV);
(b) the removal of a person referred to in paragraph (a) to a public hospital or a designated facility; or
(c) the curative treatment of a person referred to in paragraph (a).
(2) The Minister of Health may give a direction under subregulation (1) where, in his discretion, he considers it necessary to do so–
(a) for the purposes of preventing or controlling the spread of the 2019 Novel Coronavirus (2019-nCoV);
(b) in the interests of the person in relation to whom the direction is given; or
(c) in the interests of the public health system.
(3) Where the Minister of Health gives a direction under subregulation (1), the person in relation to whom the direction is given shall be informed–
(a) of the reason for giving the direction;
(b) of the period during which the person is likely to be required to remain at a public hospital or a designated facility for observation, surveillance or curative treatment; and
(c) that it is an offence to fail to comply with the direction or to obstruct a medical practitioner, a nurse, a member of staff at a public hospital or a designated facility or a member of staff of a public or private ambulance service from carrying out the direction.
(4) A person who–
(a) fails to comply with a direction under subregulation (1); or
(b) obstructs a medical practitioner, a nurse, a member of staff at a public hospital or a designated facility or a member of staff of a public or private ambulance service from carrying out a direction under subregulation (1), commits an offence and is liable on summary conviction to a fine of two hundred and fifty thousand dollars and imprisonment for a term of six months.
10. (1) The Minister of Health may give such directions as he thinks fit for the self-quarantine of any person who is likely to suffer or is suffering from the 2019 Novel Coronavirus (2019-nCoV).
(2) The Minister of Health may give a direction under subregulation (1) where, in his discretion, he considers it necessary to do so–
(a) for the purposes of preventing or controlling the spread of the 2019 Novel Coronavirus (2019-nCoV);
(b) in the interests of the person in relation to whom the direction is given; or
(c) in the interest of the public health system.
(3) A direction under subregulation (1) shall–
(a) be in writing;
(b) require the person to be self-quarantined at a specified place; and
(c) specify the address of the specified place.
(4) Where the Minister of Health gives a direction under subregulation (1), the person in relation to whom the direction is given shall be informed–
(a) of the reason for giving the direction;
(b) of the period during which the person is likely to be self-quarantined; and
(c) that it is an offence to fail to comply with the direction or to obstruct a medical practitioner, a nurse, a member of staff at a public hospital or a designated facility or a member of staff of a public or private ambulance service or other health care professional from carrying out the direction.
11. A person who contravenes regulation 5, or 10 commits and offence and is liable on summary conviction to a fine of two hundred and fifty thousand dollars and to imprisonment for six months.
12. The Minister of Health may, for the purposes of the operation of these Regulations, issue such guidelines as he may deem necessary and breach of such guidelines shall not constitute an offence.
13. The Public Health [2019 Novel Coronavirus (2019-nCoV)] (No. 15) Regulations, 2021 are revoked.
14. These Regulations shall have effect from 16th May, 2021 to 4th July, 2021.
