WHEREAS the spread of COVID-19 has been declared a pandemic by the World Health Organization and continues to spread at an alarming rate.
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.”
WHEREAS the Province of Ontario has ordered the closure of public places and establishments, recreational amenities, campgrounds, and non-essential workplaces, and has prohibited events and gatherings of more than five people except for funerals.
WHEREAS the Chief Medical Officer of Health for Ontario has strongly recommended that everyone in Ontario “stay home except for essential reasons.”
WHEREAS the Moose Factory Pandemic Emergency Operations Team (PEOT) was formed and includes representatives from Moose Cree First Nation, MoCreebec, and Weeneebayko Area Health Authority.
WHEREAS Chief and Council, the PEOT, and the Local Services Board support the restriction of non-essential activities within the entire community of Moose Factory Island to curb 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 precolonial 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:
1. 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.
2. No person shall gather with more than 5 people who do not reside in the same household, except to attend a funeral, which may be attended by up to 10 people.
3. No person shall come within two meters of any other person who does not reside in the same household.
4. 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.
5. No resident of Moose Factory Island shall leave his or her residence except where reasonably necessary for work, travel, exercise, grocery shopping, or obtaining medical or other essential supplies.
6. No non-resident shall visit Moose Factory Island except where reasonably necessary to perform an essential service or with the permission of Chief and Council.
7. Visits to such 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.
8. 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.
9. This bylaw will be enforced by the Nishnawbe-Aski Police Service (NAPS) under the lawful direction of the NAPS Chief of Police.
10. 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.