By-Law 1609 Amendments and Extension

Amendments have been made to By-law 1609 (marked in yellow). Additionally, the By-law has been extended to June 30th, 2020.

WHEREAS the spread of COVID-19 has been declared a pandemic by the World Health Organization on March 11, 2020.

WHEREAS the Province of Ontario declared an emergency under subsection 7.0.1(3) of the Emergency Management and Civil Protection Act because the COVID-19 pandemic “constitutes a danger of major proportions that could result in serious harm to persons.” This declaration has been extended to June 30, 2020.

WHEREAS the Province of Ontario has moved to Stage 2 of its re-opening, including allowing groups of up to ten people to gather.

WHEREAS the Moose Factory Pandemic Emergency Operations Team was formed and includes representatives from Moose Cree First Nation, MoCreebec, and Weeneebayko Area Health Authority.

WHERAS the Moose Factory Pandemic Operations Team has determined that the community of Moose Factory must re-open at a slower rate than the rest of the province to due to the high percentage of community members with pre-existing conditions that place them at high risk, and due to the community’s limited health infrastructure to manage a COVID-19 outbreak.

WHEREAS Chief and Council, the Moose Factory Pandemic Operations Team, and the Local Services Board support the continued restriction of non-essential activities within the entire community of Moose Factory Island to prevent the spread of COVID-19. 

WHEREAS the Moose Cree First Nation has an inherent right to self-government and existing Aboriginal and treaty rights throughout the whole of the Moose Cree Homeland, rooted in the pre-colonial occupation of our Homeland by our ancestors and in our pre-existing systems of law and governance.

WHEREAS Chief and Council have the authority and jurisdiction pursuant to the inherent and treaty rights of Moose Cree First Nation and sections 81(1)(a), (c), (d), (p), (q), and (r) of the Indian Act to enact emergency measures to prevent the spreading of contagious and infectious diseases.

NOW THEREFORE, Chief and Council hereby enact the following bylaw for the protection of public health and safety on Moose Factory Island:

Emergency Physical Distancing Measures

• No person shall engage in any social activity on Moose Factory Island outside his or her residence unless the activity is deemed by resolution of Council to be essential.
• No person shall gather with more than 10 people who do not reside in the same household, except to attend a funeral, which may be attended by up to 20 people.
• No person shall come within two meters of any other person who does not reside in the same household.
• Any person with symptoms of COVID-19, including fever and cough, must self-isolate inside his or her residence and strictly avoid contact with others for fourteen (14) days or, if symptoms have not resolved after fourteen (14) days, until twenty-four (24) hours after symptoms have fully and completely resolved.
• Non-residents that travel to Moose Factory, from communities other than Moosonee, Ontario shall quarantine for fourteen (14) days upon arrival in Moose Factory.
• Non-residents of Moose Factory that must travel to Moose Factory to perform an essential service will be permitted to do so only with the permission of the Moose Factory Pandemic Operations Team.
• Residents of Moose Factory that travel away from the community, beyond Moosonee, Ontario must quarantine for fourteen (14) days upon returning to Moose Factory.
• Visits to Elders or individuals with underlying health issues shall be avoided where reasonably possible and groceries and supplies shall be delivered to such persons without direct contact or entry to their residences where reasonably possible.

Offence

• Any person who contravenes this bylaw shall be deemed by Chief and Council to be a trespasser while outside his or her residence and shall be subject to enforcement action and liable on summary conviction to a fine of up to one thousand dollars ($1,000), imprisonment for a term of up to thirty (30) days, or to both a fine and imprisonment, in addition to any applicable penalties under the Emergency Management and Civil Protection Act, the Trespass Act, the Criminal Code, or as otherwise prescribed by law.

Enforcement

• This bylaw will be enforced by the Nishnawbe-Aski Police Service (NAPS) under the lawful direction of the NAPS Chief of Police.

Temporary Effectiveness

• This bylaw comes in force immediately and shall remain in effect for thirty (30) days only, unless that time period is extended or abridged by resolution of Council.
•  As per Council Motion #2020-03-83 passed on June 16, 2020, this bylaw will remain in force for an additional fourteen (14) days to June 30, 2020, unless that time period is extended or abridged by resolution of Council.

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