S.I. 2021 No. 9

Emergency Management (COVID-19) (No. 3) Order, 2020
S. I. 2020 No. 71

Emergency Management (COVID-19) (Curfew) (No. 5) Directive, 2021

WHEREAS pursuant to paragraph 15 of the Emergency Management (COVID-19) (No. 3) Order, 2020 (S.I. 2020 No. 71) made under the Emergency Management Act, Cap. 160A, it is provided that the Prime Minister on the advice of the Chief Medical Officer may issue a directive requiring every person to observe such physical distancing and associated protocols in the interest of public health as may be specified;

AND WHEREAS a public health emergency exists in Barbados; The Prime Minister, by virtue of the power and authority vested in her and on the advice of the Chief Medical Officer pursuant to paragraph 15 of the Emergency Management (COVID-19) (No. 3) Order, 2020, hereby issues the following Directive:

1.This Directive may be cited as the Emergency Management (Covid-19)(Curfew) (No. 5) Directive, 2021.

2.A curfew is hereby imposed throughout Barbados from the 1st day of March, 2021 to the 14th day of March, 2021 between the hours of 7:00 p.m. and 6:00 a.m.

3.(1)No person shall leave his residence between 7:00 p.m. and 6:00 a.m. as specified in paragraph 2, except
(a)the person is an employee or member of an essential service; or
(b)the person has an emergency.

(2)Every employee or member of an essential service shall have on his person at all times, evidence of his employment by, or membership of, as the case may be, such a service.

(3)The Attorney General may, on request made to him through www.gov.bb, grant an exemption to any person or business affected by subparagraph (1).

4.(1)No person, other than a person referred to in paragraph 3, shall leave his residence between the hours of 6:00 a.m. and 7:00 p.m. except
(a)the person is the owner, operator or employee of a business or an establishment set out in paragraph 5, or as the case may require, a business or establishment set out in paragraph 6;
(b)for the purpose of transacting business with an establishment set out in paragraph 5, or as the case may require, a business or establishment set out in paragraph 6;
(c)for the purpose of visiting a beach or a park or exercise outdoors as permitted by paragraph 11;
(d)the person is directly involved in the Covid-19 vaccination exercise either as a service provider or to receive a vaccine; or
(e)the person has an emergency.

(2)Any person who gives false or misleading information to a member of the Police Force, the Defence Force or a member of the Covid-19 Protocol Monitoring Unit, in this Directive referred to as “the Unit”, as to his reason for leaving his residence between the hours specified in paragraph 3(1) or subparagraph (1) contravenes this Directive.

5.(1)From the 1st day of March, 2021 to 14th day of March, 2021, only the following non-essential businesses and sectors shall be permitted to open as specified:
(a)abattoirs, hatcheries and poultry processors, between the hours of 7:00 a.m. and 6:00 p.m;
(b)appliance stores for the sale, delivery and installation of appliances, between the hours of 8:00 a.m. and 4:00 p.m;
(c)automotive stores and workshops for vehicle repair, servicing and sale of spare parts for motor vehicles, motor cycles and bicycles, between the hours of 8:00 a.m. and 4:00 p.m;
(d)bakeries for the baking of bread, bread depots and bread vans for the sale of bread, between the hours of 7:00 a.m. and 5:00 p.m;
(e)banks and credit unions, between the hours of 8:00 a.m. and 5:00 p.m;
(f)bill payment services such as SurePay, between the hours of 8:00 a.m. and 3:00 p.m;
(g)cleaning services, as needed;
(h)construction and all allied businesses that provide support to, or inputs into, the construction sector, including equipment rentals and building supplies businesses, between the hours of 7:30 a.m. and 5:00 p.m;
(i)courier services, between the hours of 8:00 a.m. and 4:00 p.m;
(j)delivery services for the delivery of groceries, fruits, vegetables and medical supplies, between the hours of 8:00 a.m. and 6:00 p.m;
(k)distributive traders and wholesalers for the supply of goods to essential services and businesses to which this paragraph applies, between the hours of 7:00 a.m. and 5:00 p.m;
(l)domestic staff including nannies, between the hours of 8:00 a.m. and 4:00 p.m;
(m)dry cleaning and laundry services, between the hours of 8:00 a.m. and 4:00 p.m;
(n)farms, between the hours of 6:00 a.m. and 6:00 p.m;
(o)fishing;
(p)fuel manufacturers, fuel storage facilities and fuel distributors, for the entire day;
(q)gasolene stations and automarts attached to such stations for full service, between the hours of 7:00 a.m. and 5:00 p.m;
(r)hardware stores, between the hours of 8:00 a.m. and 4:00 p.m;
(s)hotels, villas and other rental accommodation, for the entire day (excluding gaming rooms, spas, gyms, and discotheques) and restaurants for room service only;
(t)international money transfer companies such as MoneyGram International Inc and Western Union, between the hours of 8:00 a.m. and 4:00 p.m;
(u)landscapers, gardeners and swimming pool services, between the hours of 8:00 a.m. and 4:00 p.m;
(v)manufacturing companies, between the hours of 7:00 a.m. and 5:00 p.m;
(w)pharmacies, between the hours of 8:00 a.m. and 4:00 p.m;
(x)professional offices of the professions specified in the First Schedule to the Profession, Trade and Business Registration Act, Cap. 373 and the necessary supporting staff, between the hours of 8:00 a.m. and 4:00 p.m, Monday to Friday, as follows:
(i)accountants;
(ii)actuaries;
(iii)architects;
(iv)attorneys-at-law;
(v)dental practitioners;
(vi)engineers;
(vii)land surveyors;
(viii)medical practitioners;
(ix)quantity surveyors; and
(x)veterinary surgeons.
(y)public markets within the meaning of section 2 of the Markets and Slaughterhouses Act, Cap. 265, including fish markets, between the hours of 8:00 a.m. and 4:00 p.m;
(z)restaurants, fast food outlets and cook shops for kerbside pickup, drive through or off-site delivery of meals only, between the hours of 8:00 a.m. and 4:00 p.m;
(aa)sugar factories, for the entire day;
(bb)supermarkets, minimarts and those shops commonly called “corner shops”, “rum shops” and “village shops”, between the hours of 8:00 a.m and 4:00 p.m;
(cc)tradesmen, as needed;
(dd)tyre shops, wrecker services and emergency personnel for vehicle response only, as needed.
(ee)vendors of computers, computer supplies, electronics, information technology support services and telephones, between the hours of 8:00 a.m. and 4:00 p.m; and
(ff)wayside vendors, as follows:
(i)coconut vendors on the hard shoulder of the ABC Highway, in addition to other places, between the hours of 8:00 a.m. and 4:00 p.m; and
(ii)other wayside vendors, for the sale of agricultural produce only, other than on the hard shoulder of the ABC Highway, between the hours of 8:00 a.m. and 4:00 p.m.

(2)The following private sector essential services shall remain open for the entire day
(a)electricity; and
(b)telecommunications.

(3)The owners or operators of businesses and establishments that are permitted to open under this paragraph shall use their best endeavours to ensure that the smallest number of staff with which the business or establishment can function safely is required to attend work.

(4)The Public Service, including Statutory Corporations, will function as and when required at the direction of the Head of the Public Service.

(5)Ministry of Agriculture’s plant quarantine and veterinary services shall work as needed.

(6)Businesses and establishments other than those exempted under subparagraphs (1) and (2), may continue their operations where the employees can work exclusively from their residences.

6.Notwithstanding paragraph 5 and anything in this Directive, on Sunday 7th March, 2021 and Sunday 14th March, 2021 only the following non- essential services shall be permitted to open in the manner specified and all other non-essential services mentioned in that paragraph shall remain closed:
(a)bakeries for the baking of bread only, between the hours of 7:00 a.m. to 5:00 p.m;
(b)cleaning services that clean for essential services and businesses to which this paragraph applies;
(d)farms, between the hours of 6:00 a.m. and 6:00 p.m;
(e)fuel manufacturers, fuel storage facilities and fuel distributors, for the entire day;
(f)gasolene stations, for the sale of products relating to motor vehicles, petroleum products, including liquefied petroleum gas, commonly referred to as “bottled gas”, and for the sale of top-ups for mobile telephones and pharmaceuticals, between the hours of 7:00 a.m. and 5:00 p.m;
(g)hotels, villas and other rental accommodation for the entire day (excluding gaming rooms, spas, gyms, and discotheques) and restaurants for room service only;
(h)pharmaceutical manufacturers, manufacturers of beverages and dairy products, food processors and food distributors, between the hours of 7:00 a.m. and 5:00 p.m;
(i)pharmacies for the sale of pharmaceuticals and the filling of prescriptions, between the hours of 8:00 a.m. and 4:00 p.m;
(j)private veterinary services, as needed;
(k)sugar factories, for the entire day; and
(l)tyre shops, wrecker services and emergency personnel for vehicle response only, as needed.

7.The owner or operator of any business or establishment shall
(a)ensure that
(i)the staff of the business or establishment; and
(ii)all persons who enter the business or establishment, comply with the physical distancing protocols;
(b)provide hand sanitizing stations for staff and all persons who enter the business or establishment;
(c)restrict the number of persons within and outside the business or establishment at any one time in order to ensure that a physical distance of at least 6 feet is maintained between every person;
(d)ensure that persons do not assemble otherwise than for the purpose of transacting business; and
(e)comply with such other protocols as may be established by the Chief Medical Officer and the Unit.

8.(1)Any member of the Police Force or the Unit may enter any business or establishment at any time during its hours of operation in order to ensure that the business or establishment is in compliance with this Directive and for that purpose, may ask questions of the owner or employees of the business or establishment.

(2)Any owner or employee referred to in subparagraph (1) who
(a)denies entry to;
(b)fails to answer any question put to him by or gives a false or misleading answer to any such question;
(c)assaults, insults, obstructs or uses threatening words or gestures to; or
(d)fails to comply with any instructions given to him any member of the Police Force or the Unit contravenes this Directive.

9.Places of religious worship shall be opened only
(a)for religious services at which no more than 10 persons shall be present for the conduct or streaming of such services;
(b)for the conduct of funeral services which, shall be attended by no more than 10 mourners, one officiant and the funeral director and necessary staff; and
(c)for the conduct of wedding ceremonies, which shall be attended by the bride and bridegroom, 2 witnesses and the marriage officer only.

10.(1)No person shall host or attend
(a)a party;
(b)a banquet, ball, dance or reception;
(c)a meeting of a fraternal society, private or social club or civic association or organisation;
(d)a social event known as
(i)”a bus crawl”; or
(ii)”a lime”;
(e)a karaoke event;
(f)a picnic;
(g)a bus or other vehicular excursion;
(h)a boat cruise; or
(i)any other social event.

(2)Sporting activities are prohibited.

11.(1)A person may only visit a beach or a park for the purpose of swimming or exercise.

(2)Beaches and parks shall be opened from 6:00 a.m. to 9:00 a.m. and from 3:00 p.m to 6:00 p.m.

(3)In addition to beaches and parks, persons may exercise outdoors between the hours of 6:00 a.m. and 9:00 a.m. and between the hours of 3:00 p.m. and 6:00 p.m. but no more than 2 persons shall exercise together, in which case there shall be a physical distance of 6 feet between them, unless they are members of the same household.

12.A person who is in a public place shall
(a)wear a face mask;
(b)comply with the physical distancing protocols established by the Chief Medical Officer, unless they are members of the same household; and
(c)comply with every condition specified by the Chief Medical Officer and the Unit.

13.No group exceeding 5 persons who are not members of the same household shall remain outdoors unless they are within the curtilage of a residence.

14.Notwithstanding paragraph 13, no more than 8 members of the same household shall remain outdoors as a group, except in the curtilage of their residence.

15.(1)No person shall, without reasonable explanation,
(a)be in a public building or public place; or
(b)travel on a public service vehicle or other public transport, whether as a driver, conductor or passenger, unless he wears a face mask, face shield or face-covering which covers his mouth, nose and chin.

(2)Where the person referred to in subparagraph (1) is a child who is accompanied by an individual who has responsibility for the child, the individual shall provide and ensure that the child has and wears a face mask, face shield or face covering as required by subparagraph (1).

(3)The owner or operator of any business or establishment, which provides goods or services to the public, shall ensure that no member of the public is permitted to enter, or, having entered, to remain within any enclosed space of the business or establishment, unless the person is wearing a face mask, face shield or face covering which covers his mouth, nose and chin.

(4)Subparagraph (3) binds the Crown.

(5)Subparagraphs (1) to (3) shall not apply to children under 5 years of age.

(6)Subparagraph (1) does not apply to persons travelling in a private vehicle.

(7)Notwithstanding subparagraph (1)(a), a person may, if he is required to speak and is physically distanced from other persons present, remove his mask only for the duration of the speech.

(8)For the purposes of subparagraph (1), a person has a reasonable explanation
(a)where the person cannot put on, wear or remove a face mask, face shield or face covering by reason of any medical, physical or mental illness or disability;
(b)where the person is travelling with or providing assistance to another person and the other person relies on lip-reading to communicate with the first person;
(c)where the person is eating, drinking, taking medication or exercising;
(d)where 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 entering a building or receiving services; or
(e)in such other circumstances as may be provided for in such protocols as the Chief Medical Officer may determine.

(9)For the purposes of this paragraph, “public building” or “public place” includes a building or a place to which members of the public have a general or conditional right of access.

16.No person shall visit any place of quarantine or an isolation station.

17.No person shall visit a prisoner or a ward of a Government Industrial School but, for the avoidance of doubt, may visit such a facility to transact business.

18.No more than one person at a time shall visit a patient in a hospital, nursing home, senior citizens’ home or a facility for the treatment of persons with an addiction to or a dependency on a drug or a narcotic substance.

19.(1)No person shall transmit a video recording or an audio recording of any person or in any way make known to the public the identity of any person
(a)who has been tested for Covid-19 or the result of any such test; or
(b)who is in quarantine or in an isolation station.

(2)It is a defence for the person who is charged with an offence under subparagraph (1) if he proves that he had obtained the prior consent of the person who is the subject of the act.

20.(1)A public service vehicle shall carry no more than 60 percent of its authorized number of sitting passengers.

(2)The windows of public service vehicles shall remain open throughout the journey, except during inclement weather.

(3)Subparagraph (2) does not apply to those public service vehicles whose windows are sealed by the manufacturer.

(4)The owner or driver of a public service vehicle shall ensure that the vehicle is sanitized after putting down passengers and before taking up new passengers at the following motor omnibus depots and terminals:
(a)Mangrove Bus Depot;
(b)Oistins Bus Depot;
(c)Constitution Road Terminal;
(d)Fairchild Street Terminal;
(e)Princess Alice Terminal; and
(f)Speightstown Terminal.

(5)An owner or driver of a public service vehicle who fails to comply with any provision of this paragraph is, in addition to the penalty provided by paragraph 26, liable to have his licence or permit suspended.

21.Every traveller to Barbados shall
(a)give details of his accommodation in Barbados to the Chief Immigration Officer and to the Chief Medical Officer;
(b)comply with this Directive; and
(c)comply with the Travel Protocols for entry into Barbados and the Health and Safety Protocols for the Tourism Sector established by the Chief Medical Officer for the Ministry of Tourism.

22.A traveller to Barbados who gives false or misleading information on arrival in Barbados to the Chief Immigration Officer or the Chief Medical Officer concerning his accommodation in Barbados contravenes this Directive.

23.A person who is placed in quarantine
(a)shall not leave the room in which he is quarantined without the consent of the Chief Medical Officer;
(b)shall not receive guests; and
(c)shall obey the directions of the Chief Medical Officer.

24.The owner or operator of any business or establishment who fails to comply with this Directive is, in addition to the penalty provided by paragraph 26, liable to be ordered to cease to operate for the duration of this Directive.

25.Notwithstanding any provision of this Directive, the Prime Minister or Attorney General, acting on the advice of the Chief Medical Officer or the Unit, may direct the owner or operator of any business or establishment to cease to operate for the duration of this Directive.

26.Any person who contravenes this Directive or fails to comply with any condition specified by the Chief Medical Officer or the Unit is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both pursuant to paragraph 15(1) of the Emergency Management (COVID-19) (No. 3) Order, 2020 (S.I. 2020 No. 71.)

27.This Directive shall come into effect on the 1st day of March, 2021 and shall cease to have effect on the 14th day of March, 2021.

Made by the Prime Minister this 27th day of February, 2021.

MIA AMOR MOTTLEY
Prime Minister