Control and Management of Covid-19 (No. 4) Regulations, 2022

CONTROL AND MANAGEMENT OF COVID-19 (NO. 4) REGULATIONS, 2022 PUBLISHING DETAILS Arrangement of Regulations CONTROL AND MANAGEMENT OF COVID-19 Arrangement of Regulations Regulation TICKET UNDER THE CONTROL AND MANAGEMENT OF COVID-19 (NO. 4) REGULATIONS, 2022 TICKET OFFENCES AND FINES Regulation 1 CONTROL AND MANAGEMENT OF COVID-19 In exercise of the powers conferred by section 34 of the Public Health Act (2021 Revision), the Cabinet makes the following Regulations — Citation and commencement (1) These Regulations may be cited as the Control and Management of Covid-19 (2) These Regulations come into force on 24th August, 2022. Definitions In these Regulations — “a person designated by the Medical Officer of Health” includes the Director of the Sister Islands Health Services, where the Director of the Sister Islands Health Services is authorized by the Medical Officer of Health; “approved test” means a test which satisfies the conditions set out under regulation 4(1)(a) or (b) of the Control of Covid-19 (Testing) Regulations, 2021; “Cayman Islands Health Services Authority” means the Cayman Islands Health Services Authority established under section 3 of the Health Services Authority Act (2018 Revision); Regulation 3 “Clerk of the Court” means the person appointed as such under section 7 of the Grand Court Act (2015 Revision); “Commissioner” means the Commissioner of Police appointed under section 8 of the Police Act (2021 Revision); “health care facility” means premises at which health services are provided by a registered practitioner and in respect of which a certificate is issued under section 5 of the Health Practice Act (2021 Revision); “health services” include clinical examinations, nursing care, dental care, the provision of blood and blood products, diagnostic procedures, the provision of medical and surgical services, the provision of pharmaceuticals, advice or counselling and any other service as is provided by a registered practitioner under the Health Practice Act (2021 Revision); “owner or operator” includes a manager; “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 any open space and any indoor or outdoor premises to which, for the time being, the public have or are permitted to have access, whether on payment or otherwise; “registered practitioner” means any person qualified to practise any of the professions specified in the Health Practice Act (2021 Revision) and registered under the Health Practice Act (2021 Revision); “to have contact” means to be in proximity of less than six feet to a person who is in isolation or quarantine for more than five minutes; “virus” means the virus known as SARS-CoV-2 which causes the disease known as Covid-19; and “visit” means — (a) in relation to a place, to enter into that place; and (b) in relation to a person, to have contact with that person. Wearing of masks (1) Subject to paragraphs (3), (5) and (6), a person who visits a public place specified in subparagraphs (a) to (d) shall cover that person’s mouth and nose with a mask or cloth face covering at all times where so required by the owner or operator of the respective public place — (a) a health care facility; (b) a residential home care facility; a prison or place of detention; or (d) such other public place as may be specified by notice by the Medical Regulation 4 (2) Subject to paragraph (3), where the owner or operator of a public place specified in paragraphs (1)(a) to (d) requires a person to wear a mask or cloth face covering, the person shall comply with the requirement and a person who refuses to do so shall be refused entry to, or permission to remain in, that public place. (3) The owner or operator of a public place specified in paragraphs (1)(a) to (d) shall not require a person to wear a mask or cloth face covering where — (a) the person is sitting without talking or the person is eating at the person’s desk at the person’s place of employment; or (b) the person is a customer who is at a restaurant or bar and is sitting at a table or counter at the restaurant or bar. (4) Subject to paragraph (5), a person may wear a mask or cloth face covering at a public place specified in paragraphs (1)(a) to (d) at any time even where the owner or operator of the respective public place does not require the wearing of a mask or cloth face covering at that public place and the owner or operator of that public place shall not — (a) refuse the person entry to, or permission to remain in, the public place; or (b) require the person to remove the mask or cloth face covering. (5) An owner or operator of a public place specified in paragraphs (1)(a) to (d) may require a person wearing a mask or cloth face covering to remove the mask or cloth face covering briefly upon entering the respective public place in order to determine the identity of the person. (6) For the purposes of paragraph (1), the requirement for a person to wear a mask or cloth face covering in a public place specified in paragraph (1)(a) to (d) shall be indicated by a sign posted in a conspicuous place near the main entrance of the relevant public place. Restriction on visitation to a place or a facility of quarantine or isolation (1) With the exception of — (a) the Medical Officer of Health or a person designated by the Medical Officer of Health for the purposes of surveillance or management of a person in quarantine or isolation; or (b) any person who has the written permission of the Medical Officer of Health or a person designated by the Medical Officer of Health, no person shall visit or permit another person to visit a place or a facility of quarantine or isolation, or a person in a place or a facility of quarantine or (2) With the exception of the persons referred to in paragraph (1)(a) or (b), a person at a private residence shall not permit another person to visit the private Regulation 4 residence where the private residence has been specified by the Medical Officer of Health as a place or facility of quarantine or isolation. (3) Where a private residence which is specified as a place or facility of quarantine or isolation under paragraph (2) is part of a multi-dwelling premises, paragraphs (1) and (2) do not apply to any other units and common areas of the multidwelling premises. (4) Notwithstanding paragraph (1)(b), where a person provides food, grocery or medication delivery services to a place or facility of quarantine or isolation or a private residence which is specified as such under paragraph (2) — (a) the person who provides any of those services shall not require the written permission of the Medical Officer of Health or a person designated by the Medical Officer of Health; (b) the person who provides any of those services shall — (i) not enter the place or facility of quarantine or isolation or the private residence specified as such, as applicable; (ii) not have contact with the person or any other person in quarantine or isolation at the place or facility of quarantine or isolation or the private residence specified as such, as applicable; and (iii) leave the place or facility of quarantine or isolation or the private residence specified as such, as applicable, immediately after providing the service; and in the case of a person who has been directed by the Medical Officer of Health to isolate at a private residence specified as a place or facility of quarantine or isolation, the person at the private residence shall ensure that the person who is providing any of those services does not enter the private residence or have contact with that person or any other person at the private (5) A person under paragraph (1)(b) shall comply with the directions of the Medical Officer of Health in relation to any social distancing requirements and the use of personal protective equipment in the place or facility of quarantine or (6) This regulation does not apply to persons who are required to visit a place or a facility of quarantine or isolation or a person in that place or facility, in order to prevent or mitigate risk of injury to persons or property or risk of death. (7) A person who contravenes paragraph (1), (2), (4)(b), (4)(c) or (5) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. (8) Where a delivery service is being provided to a private residence specified as a place or facility of quarantine or isolation under paragraph (2), it is a defence for a person charged with an offence under paragraph (4)(b) to prove that the Regulation 5 person did not know, or could not reasonably have known, that the person to whom the delivery was being made was, at the time of the delivery, a person directed by the Medical Officer of Health to isolate at a private residence. (9) Where a person visits a private residence specified as a place or facility of quarantine or isolation under paragraph (2), it is a defence for a person charged with an offence under paragraph (1) to prove that the person did not know, or could not reasonably have known, that the person to whom the visit was being made was, at the time of the visit, a person directed by the Medical Officer of Health to isolate at a private residence. Prohibition in respect of items in a place or facility of quarantine or isolation (1) Where a person is directed by the Medical Officer of Health to isolate at a private residence or such other place or facility of quarantine or isolation as specified by the Medical Officer of Health — (a) the person shall not remove or pass, or permit the removal or passing of, any item from the place or facility of quarantine or isolation; and (b) no person, other than the person directed to isolate in that place or facility of quarantine or isolation, shall handle any item — (i) which comes from the place or facility of quarantine or isolation; or (ii) which has been handled by the person directed to remain at the place or facility of quarantine or isolation, until the person who has been directed to isolate is determined by the Medical Officer of Health not to be a public health risk and that place or facility of quarantine or isolation has been cleared by the Medical Officer of Health. (2) If, in the opinion of the Medical Officer of Health, a person has handled an item referred to under paragraph (1)(b) — (a) the Medical Officer of Health shall, for the purpose of surveillance or management of a person by the Medical Officer of Health, direct the person to remain at a place or facility of quarantine or isolation specified by the Medical Officer of Health; and (b) the person shall be subject to such directions as are provided by the Medical Officer of Health. (3) Paragraph (1) does not apply to an item which has been — (a) removed or passed from the place or facility of quarantine or isolation; or (b) handled, for public health reasons, by the Medical Officer of Health or a person designated by the Medical Officer of Health, for the purposes of surveillance or management of a person in quarantine or isolation. Regulation 6 (4) A person who contravenes paragraph (1) or (2) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. (5) It is a defence for a person charged with an offence under paragraph (1)(b) to prove that the person did not know, or could not reasonably have known, that the item — (a) was from a place or facility of quarantine or isolation; or (b) had been handled by the person directed to remain at the place or facility Restriction on visitation to a health care facility (1) Subject to paragraphs (2) and (3), a person who wishes to visit a health care facility shall ensure compliance with the directions of the owner or operator of the health care facility in relation to any social distancing requirements and the use of personal protective equipment in the health care facility. (2) Where a person wishes to visit a patient who has tested positive for the virus and who is in a health care facility, the person who wishes to visit the patient shall — (a) only visit or be permitted to visit that patient with the written permission of the Medical Officer of Health; and (b) ensure compliance with the directions of the owner or operator of the health care facility in relation to any social distancing requirements and the use of personal protective equipment in the health care facility. (3) Where a person wishes to visit a patient in a health care facility, other than a patient referred to in paragraph (2), the person who wishes to visit the patient shall — (a) only visit or be permitted to visit that patient where, on the day of the visit — (i) provided to the owner or operator of the health care facility or a person designated by the owner or operator; or the person himself or herself or by another person, in the presence of a member of staff of the health care facility who is designated by the owner or operator of the health care facility to observe such testing; and Regulation 7 (b) ensure compliance with the directions of the owner or operator of the health care facility in relation to any social distancing requirements and the use of personal protective equipment in the health care facility. (4) The medical certificate in relation to a person referred to in paragraph (3)(a)(i) (5) This regulation does not apply to persons who are required to visit a health care facility or a person in that facility, in order to prevent or mitigate risk of injury to persons or property or risk of death. (6) A person who contravenes paragraph (1), (2) or (3) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. Restriction on visitation to a residential home care facility (1) A person who wishes to visit a residential home care facility shall — (a) only visit or be permitted to visit the facility where, on the day of the visit — (i) provided to the owner or operator of the residential home care facility or a person designated by the owner or operator; or the person himself or herself or by another person, in the presence of a member of staff of the residential home care facility who is designated by the owner or operator of the residential home care facility to observe such testing; and (b) comply with the directions of the owner or operator of the residential home care facility in relation to any social distancing requirements and the use of personal protective equipment in the residential home care facility. (2) The medical certificate in relation to a person referred to in paragraph (1)(a)(i) (3) This regulation does not apply to persons who are required to visit a residential home care facility or a person in that facility, in order to prevent or mitigate risk of injury to persons or property or risk of death. (4) A person who contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. Regulation 8 Restriction on visitation of a detainee in a place of detention or prison (1) A person who wishes to visit a detainee in a place of detention or a prison must be a relative of the detainee and shall — (a) only visit or be permitted to visit the detainee in the place of detention or the prison where, on the day of the visit — (i) provided to — (A) in the case of a place of detention, the Medical Officer of Health or a person designated by the Medical Officer of Health; and (B) in the case of a prison, the Director of Prisons or a person designated by the Director of Prisons; or the person himself or herself or by another person, in the presence of — (A) in the case of a place of detention, a member of staff of the place of detention who is designated by the Medical Officer of Health to observe such testing; and (B) in the case of a prison, a member of staff of the prison who is designated by the Director of Prisons to observe such testing; (b) in the case of a place of detention, ensure compliance with the directions of the Medical Officer of Health in relation to any social distancing requirements and the use of personal protective equipment in the place of detention; and in the case of a prison, ensure compliance with the directions of the Director of Prisons in relation to any social distancing requirements and the use of personal protective equipment in the prison. (2) The medical certificate in relation to a person referred to in paragraph (1)(a)(i) (3) This regulation does not apply to persons who are required to visit a prison or place of detention or a person in either of those places, in order to prevent or mitigate risk of injury to persons or property or risk of death. (4) A person who contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. (5) For the purpose of this regulation, “relative”, in relation to a detainee in a prison or place of detention, means the detainee’s — Regulation 9 (a) spouse or civil partner; (b) child; parent or legal guardian; (d) brother or sister; (e) grandparent; (f) grandchild; or (g) friend. 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 complying with these Regulations, and where the person does not satisfy the police officer that the person is complying with these Regulations, the police officer may — (a) detain the person and inform the Medical Officer of Health or a person designated by the Medical Officer of Health of the fact that a person has been so detained; and (b) convey the person to a facility of quarantine or isolation, if so directed by the Medical Officer of Health. (2) The powers in paragraph (1) may be exercised where a person is at any place. (3) For the purposes of exercising the powers in paragraph (1), a police officer may enter any place or facility of quarantine or isolation, including a private residence specified as such under these Regulations, or a multi-dwelling premises in which such a private residence is located. (4) A police officer may use reasonable force, if necessary, in the exercise of the police officer’s powers under this regulation. Ticketable offences 10. (1) When an offence appears to have been committed contrary to these Regulations, notwithstanding that certain penalties for such offences are by those Regulations expressed to be mandatory, a constable, special constable or person authorized by the Commissioner may instead serve on the alleged offender a ticket in the form set out in Schedule 1. (2) Where an offence referred to in Columns 1 and 2 of Schedule 2 is committed, the penalty in Column 3 of Schedule 2 applies. (3) Where the summary of an offence contained in Column 1 of Schedule 2 differs from the substantive provision creating the offence, the provision creating the offence shall prevail and no person may be acquitted on the basis that there is a conflict between the summary of the offence contained in Column 1 of Schedule 1 and the substantive provision. Regulation 11 (4) Where a person is served with a ticket under paragraph (1), the payment of the penalty stated in the ticket no later than twenty-eight days after being served discharges the person from liability upon conviction for the offence set out in the ticket. (5) Payment of a ticket under these Regulations shall be made to the Clerk of the Court and the fine under the ticket, unless otherwise expressly stated, forms part of the general revenue of the Islands. Service and payment of ticket 11. (1) A constable, special constable or person authorized by the Commissioner who serves a ticket shall complete and sign the certificate of service in the ticket stating that the ticket was, on the date set out in the certificate, served on the person whom the constable, special constable or person authorized by the Commissioner had reason to believe committed the offence. (2) A certificate of service in the ticket shall be evidence that, on the date set out in the certificate, a ticket was served on the person whom the constable, special constable or person authorized by the Commissioner had reason to believe committed the offence. (3) The Commissioner shall file or cause to be filed with the Clerk of the Court, the duplicate of a ticket served under paragraph (1) as soon as practicable after the ticket is served. (4) Upon being served a ticket, a person may — (a) pay the total amount set out in the ticket; (b) enter a “not guilty” plea in accordance with regulation 12(1); or attend the summary court on the date set out in the ticket and enter a plea. Trial after not paying ticket or not agreeing to ticket 12. (1) A person who is served with a ticket and who wishes to enter a “not guilty” plea may request a trial by ticking the box for requesting a trial in the ticket and delivering the ticket to the Clerk of the Court within twenty-eight days of being served with the ticket and the Clerk of the Court shall enter a plea of “not guilty”. (2) As soon as practicable after a person requests a trial under paragraph (1), the Clerk of the Court shall — (a) notify the Commissioner of the request; (b) if the Commissioner has not filed the duplicate of the ticket or caused the duplicate of the ticket to be filed in accordance with regulation 11(3), request the duplicate ticket; fix the time and place of the trial; and (d) notify the defendant and the prosecution, by specifying the time and place of the trial in the ticket. Regulation 12 (3) A person who has been served with a ticket and has not paid the total amount set out in the ticket in accordance with regulation 10, nor entered a “not guilty” plea in accordance with paragraph (1), shall attend at the court on the date specified by the Clerk of the Court in the ticket, which shall be no earlier than thirty-eight days after the date that the ticket was served on the person and the notice of the court date in the ticket shall be notice to the defendant and the prosecution of the same. (4) A ticket filed with the Clerk of the Court is evidence of the facts alleged in the ticket without proof of the signature of the person appearing to have completed the ticket or the person on whom the ticket was served. (5) Except as otherwise provided, a notice or document required or authorized to be given or delivered under this regulation may be given or delivered personally by registered mail or electronically. (6) Evidence that a notice or document required or authorized to be given or delivered to a person under this regulation was sent by registered mail to the person at the last known place of abode or business address appearing on a ticket or electronically, is sufficient evidence that the notice or document was given or delivered to the person unless the contrary is proved. (7) A person who is convicted of an offence in a trial requested under paragraph (1) or in a trial as a result of a failure to pay the total amount set out in the ticket in accordance with regulation 10, is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. (8) The ticket, for the purposes of a trial, is deemed to be a complaint within the meaning of section 14 of the Criminal Procedure Code (2021 Revision). (9) Notwithstanding anything in law to the contrary, where the ticket remains unpaid at the expiration of the time specified for the payment of the ticket or where the person served requests a trial, the ticket shall be deemed to be a summons in accordance with section 15 of the Criminal Procedure Code (2021 Revision). (10) Subject to paragraph (2), proceedings in respect of an offence deemed to be instituted by a ticket under these Regulations shall not be listed for hearing in court unless — (a) the Clerk of the Court certifies that the payment of the ticket has not been received within the twenty-eight day period within which it was payable; and (b) a period of ten days has elapsed from the last day on which the ticket penalty was payable. (11) Where the ticket is not paid within the time specified in the ticket or the person served requests a trial, proceedings in respect of the offence specified in the Regulation 13 ticket shall be in accordance with the procedure set out for Category C offences under the Criminal Procedure Code (2021 Revision). Repeal of the Control and Management of Covid-19 (No. 3) Regulations, 2022 13. The Control and Management of Covid-19 (No. 3) Regulations, 2022 are repealed. Expiry 14. These Regulations shall continue in force until 24th October, 2022 or until such other date as the Cabinet may specify by notice in the Gazette, in any other official Government website or in any other official means of communication. (regulation 10(1) and (3)) TICKET UNDER THE CONTROL AND MANAGEMENT OF COVID-19 Ticket served upon alleged offender (details below) Name: __________________________________________________________________ D.O.B.:_________________________________ P.O. Box ________________________ Address: ________________________________________________________________ E-mail Address: __________________________________________________________ Phone:________________________________(w)_________________________(h)____ Work Address: ___________________________________________________________ Time and place at which offence committed: ________________________________________________________________________ ________________________________________________________________________ ___________________________ _______________ $___________ ___________________________ _______________ $___________ ___________________________ _______________ $___________ ___________________________ _______________ $___________ (Use second ticket for additional offences) Date of Issue:_________________________________Time:_________________am/pm Place: __________________________________________________________________ Reporting Officer’s Name (and Rank & No.):___________________________________ ________________________________________________________________________ To the person on whom this ticket is served — (a) you may pay the total amount set out in the ticket before 3p.m. the ________ day of ______________ 20___ at the Courts Office, Finance Centre located at Kirk House Albert Panton Street, George Town, Grand Cayman during opening hours (9a.m.-3p.m.) or online at https://pay.judicial.ky. For queries, e-mail criminalregistry@judicial.ky or call 244-3867; or (b) you may enter a plea of “not guilty” up to twenty-eight days after being served and indicate your intention to plead “not guilty” and request a trial by ticking the box □ and deliver the ticket — (i) personally to Criminal Registry at 61 Albert Panton Street, George Town; (ii) by registered mail to Covid-19 Ticket P.O. Box 495, Grand Cayman, KY11106; or (iii) electronically by e-mail to criminalregistry@judicial.ky to the Clerk of the Court; or (c) upon requesting a trial, upon non-payment or where a plea of “not guilty” is not entered, you are summoned by to attend the Summary Court — (i) in Grand Cayman, at _______ on ____________________ 20____; or (ii) in Cayman Brac, at _______ on ____________________ 20___ . CERTIFICATE OF SERVICE I am a [constable] / [special constable] / [person authorized by the Commissioner] and I certify that I served this ticket on the person named on the date and at the time stated above. __________________________________ _____________________________ (Name of Constable/Special Constable/Person (Signature) authorized by the Commissioner) If you experience any issues with the above payment options or you require the assistance of the Clerk of the Court please contact: criminalregistry@judicial.ky or call 244-3867 or 949-4296 (regulation 10(2) and (3)) TICKET OFFENCES AND FINES Column 1 Summary of offence Column 2 Relevant Regulation Column 3 Fine

A person who enters a place or of quarantine or isolation or a private residence contrary to regulation 3(1), (2), (4)(b), (4)(c) or (5). 4(7)

Visiting or permitting another person to visit a place or a of quarantine or isolation, or a person in a place or a facility 4(7)

Permitting another person to visit a private residence where the private residence has been specified by the Medical Officer of Health as a place or of quarantine or isolation. 4(7)

A person who has been directed by the Medical Officer of Health to isolate at a specified as a place or 4(7) isolation, failing to ensure that a person who is providing food, grocery or medication delivery services does not enter the private residence or have contact with that person or any other person at the

A person who provides food, grocery or medication delivery services to a place or a having contact with any person in quarantine or isolation at the place or or the 4(7)

A person who provides food, grocery or medication delivery services to a place or a failing to leave the place or isolation immediately after providing food, grocery, or medication delivery services. 4(7)

A person failing to comply with the directions of the Medical Officer of Health in relation to any requirements and the use of 4(7) equipment in a place or

A person who is directed by the Medical Officer of Health to remain at a private residence or such other place removing or passing, or permitting the removal or passing of, any item from a place or facility 5(4)

A person who has handled an item which — (a) comes from a place or facility of quarantine or isolation; or (b) has been handled by a person directed to remain at a place or facility of quarantine or isolation, failing to comply with the directions of the Medical 5(4)

Failure to comply with the directions of the owner or operator of the health care facility in relation to any requirements and the use of equipment in the health care 6(6)

Visiting a patient who has tested positive for the virus in a health care facility without the written permission of the Medical 6(6)

Visiting a patient other than a patient who has tested positive for the virus and who is in a health care facility without a negative result of an approved test. 6(6)

Failure to comply with the directions of the owner or operator of a residential home care facility in relation to any social distancing requirements and use of equipment in the residential care facility. 7(4)

A person failing to comply with the directions of — (a) the Director of Prisons in relation to any 8(4) requirements and the use of personal equipment in a prison; or (b) the Medical Officer of Health in relation to any requirements and the use of personal equipment in a place of detention. Made in Cabinet the 19th day of August, 2022. Davina Wilson Acting Clerk of the Cabinet