PREVENTION, CONTROL AND SUPPRESSION OF COVID-19 REGULATIONS, 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) These Regulations may be cited as the Prevention, Control and Suppression of Covid-19 Regulations, 2020.

(2) These Regulations come into force on 4th May, 2020.

 

2. Definitions

(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;

“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

(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;

(e) retail banks, building societies and credit unions;

(f) gas or refilling stations;

(g) post offices;

(h) money remittance facilities, subject to such conditions as may be imposed by the Competent Authority; and

(i) 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) 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 on holding of public meeting, procession or festive ceremony

(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

(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 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) 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

(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 of food 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 of goods;

(e) conduct the business of a car dealership, unless the person is providing only for the delivery of vehicles;

(f) conduct the business of a laundromat, unless the person is providing only for the collection and delivery of items;

(g) conduct the business of a car wash service or tyre repair service, unless the person is providing a mobile car wash service or a mobile tyre repair service;

(h) conduct the business of a mail or parcel courier service, unless the person is providing only for the collection and delivery of mail or parcels;

(i) with the exception of persons referred to in regulation 8(2)(p) while carrying out their official or employment related duties, visit or permit entry to any person to a private strata pool;

(j) visit or permit entry to any person to —

(i) a strata gym; or

(ii) a playground;

(k) subject to regulation 9, visit or permit entry to an educational institution, unless the person is involved in the distribution or collection of school supplies;

(l) perform works of construction of any sort, apart from urgent home plumbing, electrical or roof repairs;

(m) offer for hire or seek to travel on —

(i) a boat, sailing 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;

(n) host or attend a wedding which hosts ten or more persons other than the bride, bridegroom, official witnesses and the marriage officer; or

(o) 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

(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.

 

8. Shelter in place

(1) For the purposes of preventing, controlling and suppressing the spread of the virus, and subject to paragraphs (2), (3), (4), (6), and (7) 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);

(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 taxis;

(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 retail stores and persons employed by retail stores to provide delivery services in respect of the goods;

(t) persons who operate car dealerships and persons employed by car dealerships to provide delivery services in respect of the vehicles;

(u) persons who provide mobile car wash services or mobile tyre repair services;

(v) persons who provide laundromat services and persons employed by laundromats to provide collection and delivery services in respect of the items;

(w) persons engaged in the exercise of Cabinet, parliamentary or judicial duties;

(x) persons providing services connected with the loading and unloading of cargo ships and with the storage and delivery of goods;

(y) persons employed by a business licensed to provide security guard services;

(z) persons employed by restaurants to provide food delivery services, until no later than 10:00 p.m.;

(aa) persons employed by businesses other than restaurants to provide food or grocery delivery services, until no later than 10:00 p.m.;

(ab) 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.;

(ac) civil servants as designated by the Chief Officer of the Portfolio of the Civil Service, for the purposes of performing their employment duties;

(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 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 —

(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), namely —

(i) health care facilities;

(ii) supermarkets;

(iii) convenience stores and minimarts;

(iv) pharmacies;

(v) retail banks, building societies and credit unions;

(vi) gas or refilling stations to refuel a motor vehicle;

(vii) post offices;

(viii) money remittance facilities; and

(ix) 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.

(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), 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 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 another person.

(8) For the purposes of paragraph (7) —

(a) exercise includes the walking of a pet;

(b) exercise shall not be carried out in a public pool, a public gym, around or in a strata pool or a strata gym; and

(c) no person shall drive a vehicle to any place for the purpose of engaging in exercise.

(9) 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. Restriction on certain essential travel

(1) Notwithstanding regulation 8(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) retail banks, building societies and credit unions;

(iv) gas or refilling stations to refuel a motor vehicle;

(v) post offices;

(vi) money remittance facilities; and

(vii) 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; and

(b) persons who have to travel to educational institutions to collect school supplies.

(2) Subject to paragraph (3), where persons have to travel to a place in paragraph (1) —

(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.

 

10. Police powers

(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.

 

11. Expiry

These Regulations shall continue in force for a period of fifteen 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.

 

12. Repeal of the Public Health (Prevention, Control and Suppression of Covid-19) Regulations, 2020, the Public Health (Prevention, Control and Suppression of Covid-19) (Amendment) Regulations, 2020 and the Public Health (Prevention, Control and Suppression of Covid-19) (Amendment) (No. 2) Regulations, 2020

The Public Health (Prevention, Control and Suppression of Covid-19) Regulations, 2020, the Public Health (Prevention, Control and Suppression of Covid-19) (Amendment) Regulations, 2020 and the Public Health (Prevention, Control and Suppression of Covid-19) (Amendment) (No.2) Regulations, 2020 are repealed.