Gazette November 7 2021 Part A S.I 79 & 80

Nov 7, 2021 | Part A, Statutory Instruments (SI's)

PUBLISHED BY AUTHORITY

VOL. CLVI No. 129

Part A

BRIDGETOWN, BARBADOS, 7TH NOVEMBER, 2021

Contents

S.I. 2021 No. 79: Emergency Management (COVID-19) (Curfew) (No. 21) Directive, 2021.

S.I. 2021 No. 80: Miscellaneous Controls (Control of Prices) (General) (Amendment) (No. 12) Regulations, 2021.

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Printed and Published by

the Barbados Government Printing Department

7th November, 2021

S.I. 2021 No. 79

Emergency Management (COVID-19) (No. 2) Order, 2021 S. I. 2021 No. 61

EMERGENCY MANAGEMENT (COVID-19) (CURFEW) (NO. 21) DIRECTIVE, 2021

WHEREAS pursuant to paragraph 15 of the Emergency Management (COVID-19) (No. 2) Order, 2021 (S.I. 2021 No. 61) 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. 2) Order, 2021, hereby issues the following Directive:

  1. This Directive may be cited as the Emergency Management(COVID-19) (Curfew) (No. 21) Directive, 2021.
  2. A curfew is hereby imposed throughout Barbados from the 8th day of

November, 2021 to the 15th day of November, 2021 between the hours of 9:00

  1. and 5:00 a.m.
    3.(1)No person shall leave his residence during the curfew periodsspecified in paragraph 2, unless
    1. the person is an employee or member of an essential service; or
    2. the person has an emergency.
  1. Every employee or member of an essential service shall have on his personat all times, evidence of his employment by, or membership of, as the case may be, such a service.
  2. Any person who gives false or misleading information to a member of thePolice 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 subparagraph (1) contravenes this Directive.
  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. All businesses, establishments, organizations and persons shall

comply with this Directive.

5.(1)

Subject to this Directive, all businesses, establishments and

organizations are permitted to open and operate daily.

  1. Notwithstanding subparagraph (1),
    1. night clubs shall be closed; and
    2. those restaurants commonly called fast-food restaurants are prohibited from providing in-house dining but may provide pick-up, drive through and delivery services,for the duration of this Directive.
  2. No person shall consume food or drink inside a bar or a rum shop but mayconsume such items outdoors.
  3. Gyms, dance and exercise studios shall only operate in accordance withprotocols issued by the Unit.
  4. The operators of businesses and establishments may permit their staff towork remotely where the operations can continue effectively if the staff work remotely.
  5. Subject to this subparagraph, meetings shall be held virtually whenever

they can be efficiently and effectively conducted.

6.(1)

shall

(a)

The owner or operator of any business, establishment or organization

ensure that

  1. the staff of the business, establishment or organization; and
  2. all persons who enter the business, establishment or organization,

comply with the physical distancing protocols;

  1. provide hand sanitizing stations for staff and all persons who enter the business, establishment or organization;
  2. restrict the number of persons within and outside the business, establishment or organization at any one time in order to ensure that a physical distance of at least
    1. 6 feet, in the case of persons within a building; and
    2. 3 feet, in the case of persons in any outdoor space,is maintained between every person.
  3. ensure that persons do not assemble otherwise than for the purpose of transacting business; and
  4. comply with such other protocols as may be established by the Chief Medical Officer and the Unit.

(2) The owner or operator of any business, establishment or organization in

which there are 25 or more employees shall designate an employee as a COVID-19 compliance officer.

7.(1)

Subject to this Directive, pleasure craft and private boats are permitted

to operate in the manner specified in this paragraph.

(2) Pleasure craft and private boats may be chartered for private cruises but

shall carry no more than 50 per cent of their authorized number of passengers.

8.(1)

Indoor cinemas are permitted to open and subject to a physical

distance of at least 6 feet between patrons shall have no more than 100 patrons; and members of the same household may sit together.

(2) Drive-in cinemas are permitted to open and shall comply with the protocols

specified by the Chief Medical Officer and the Unit.

9.(1)

Any member of the Police Force or the Unit may enter any business,

establishment or organization at any time during its hours of operation in order to ensure that the business, establishment or organization is in compliance with this Directive and for that purpose, may ask questions of the owner, operator, employees or patrons of the business, establishment or organization.

  1. An owner, operator or employee referred to in subparagraph (1) who
    1. denies entry to;
    2. fails to answer any question put to him by or gives a false or misleading answer to any such question to;
    3. assaults, insults, obstructs or uses threatening words or gestures to; or
    4. fails to comply with any instructions given to him by

a member of the Police Force or a member of the Unit, contravenes this Directive.

10.(1)

(a)

(b)

(c)

(d)

(e)

No person shall host or attend a fete;

a graduation;

a private party;

a private banquet, ball or dance; a prize giving ceremony;

(f)

(g)

(h)

(i)

a reception;

a social event known as “a bus crawl”; a karaoke event; or

a bus or other vehicular excursion.

(2) For the avoidance of doubt, permission granted by the Unit under the

Emergency Management Protocol Directive, 2021 (S.I. 2021 No. 40) to the owner or operator of a place of public entertainment within the meaning of the Public Entertainments Act, Cap. 85A, to host an event is suspended for the duration of this Directive.

11.(1)

All indoor sports, contact sports and team sports, including practice

sessions of such sports, are prohibited.

  1. For the avoidance of doubt, non-contact outdoor sporting activities arepermitted and there shall be no more than 20 participants.
  2. Competitive sporting events, including horse racing, may be held only withthe prior permission of the Unit.
  3. Spectators are not permitted to attend any sporting activity; but support

personnel essential for the conduct of the sporting activity may be present.

12.(1)

Notwithstanding paragraph 10, a meeting of a fraternal society, private

or social club or civic association or organization is permitted, and subject to subparagraph (2) may be attended by no more than 25 persons.

  1. The Unit may, upon application made by the person in charge of a society,club, association or organization referred to in subparagraph (1) certify the number of persons, which number may exceed 25 persons, that a meeting place can safely accommodate in compliance with the protocols, in which case, the number of persons so certified shall be the maximum number of persons permitted to attend meetings held by such a society, club, association or organization at that meeting place.
  2. Notwithstanding paragraph 10, the following outdoor events shall bepermitted and may be attended by no more than 20 persons:
    1. the social event known as “a lime”; and
    2. a picnic.
  3. Paragraph 6 shall apply to the host of an event listed at subparagraphs (1),

(2) and (3) with the necessary modifications.

13.(1)

Notwithstanding paragraph 10, subparagraphs (2), (3), (4), (5) and (6)

shall apply to places of religious worship, funeral services, wedding ceremonies and wedding receptions, as the case requires.

  1. Places of religious worship are permitted to open for religious services andmeetings.
  2. Religious services and meetings may be attended by such number ofpersons as the place of religious worship can accommodate where at least 6 feet of space in every direction is maintained among all persons, but in no case shall more than 25 persons attend such services or meetings.
  3. Sacraments and rituals of faith may be administered at places of religiousworship and the following protocols shall be observed:
    1. communion shall be by individual servings of sacraments only; and
    2. officiants and participants in the sacrament of baptism, except the person who is being baptized, shall wear face masks and face shields.
  4. Funeral services shall be attended by no more than 25 mourners, who shallremain 6 feet apart in every direction, two officiants and the funeral director and necessary staff.
  5. Wedding ceremonies shall be attended by the bride and bridegroom, 2witnesses, the marriage officer and no more than 25 guests who shall, except the bride and bridegroom, remain 6 feet apart in every direction during the ceremony.
  6. Only seated dining may be provided at wedding receptions for the weddingparty and no more than 25 guests, with 6 feet of separation between table set- ups.
  7. Religious services, meetings, wedding ceremonies and funeral servicesshall not exceed 90 minutes.
  8. Dancing is prohibited at wedding receptions.
  9. Choir rehearsals are prohibited.
  10. Members of the same household may sit together at any event referred toin subparagraphs (3), (4), (5), (6), (7) and (8).
  11. Notwithstanding subparagraphs (3), (5) and (6), the Unit may, upon

application made by the person in charge of a place of religious worship, certify such number of persons, which number may exceed 25 persons, that such a place can safely accommodate in compliance with the protocols, in which case, the number of persons so certified shall be the maximum number of persons permitted to attend religious services, meetings, funeral services or weddings at that place of religious worship.

14. Beaches and parks shall be open between the hours of 5:00 a.m. and

7:00 p.m. daily.

15.(1)

Where persons exercise together outdoors, they shall maintain a

physical distance of at least 6 feet between every person, unless they are members of the same household.

  1. Hiking in a group of more than 5 persons is prohibited.
  2. Aerobic and dance exercise classes shall be conducted outdoors.

16.

(a)

(b)

A person who is in a public place shall

wear a face mask as specified in paragraph 17;

comply with the physical distancing protocols established by the Chief Medical Officer, unless they are members of the same household; and

(c)

17.(1)

(a)

(b)

comply with every condition specified by the Chief Medical Officer and the Unit.

No person shall, without reasonable explanation, be in a public building or public place; or

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 nose, mouth and chin.

  1. Where the person referred to in subparagraph (1) is a child who isaccompanied 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).
  2. The owner or operator of any business, establishment or organization,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, establishment or organization unless the person is wearing a face mask, face shield or face covering which covers his mouth, nose and chin.
  3. Subparagraph (3) binds the Crown.
  4. Subparagraphs (1) to (3) shall not apply to children under 5 years of age.
  5. Subparagraph (1) does not apply to persons travelling in a privatevehicle.
  6. Notwithstanding subparagraph (1)(a), a person may, if he is required tospeak and is physically distanced from other persons present, remove his mask only for the duration of the speech.
  7. For the purposes of subparagraph (1), a person has a reasonable explanation
    1. 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;
    2. 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;
    3. where the person is eating, drinking, taking medication or exercising;
    4. where a request is made of the person to remove his face mask, face shield or face covering temporarily for security and identification purposes; or
    5. in such other circumstances as may be provided for in such protocols as the Chief Medical Officer may determine.
  8. For the purposes of this Directive, “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.

18.

19.(1)

School.

No person shall visit any place of quarantine or an isolation station. No person shall visit a prisoner or a ward of a Government Industrial

(2) A person may visit a prison or a Government Industrial School to transact

business.

20.(1)

No more than one person at a time shall visit a patient in a hospital,

or a facility for the treatment of persons with an addiction to, or a dependency on, a drug or a narcotic substance.

  1. No person may visit a patient in a nursing home, senior citizens’ home, ageriatric hospital or a district hospital but may visit such an institution to deliver care packages and transact business.
    21.(1)No person shall transmit a video recording or an audio recording ofany person or in any way make known to the public the identity of any person
    1. who has been tested for COVID-19 or the result of any such test; or
    2. 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.

22.(1)

A public service vehicle shall carry no more than 75 per cent of its

authorized number of sitting passengers and shall carry no standing passengers.

  1. The windows of public service vehicles shall remain open throughout thejourney, except during inclement weather.
  2. Subparagraph (2) does not apply to those public service vehicles whosewindows are sealed by the manufacturer.
  3. The owner or driver of a public service vehicle shall ensure that the vehicleis sanitized after setting down passengers and before picking up new passengers at the following motor omnibus depots and terminals:
    1. Mangrove Bus Depot;
    2. Oistins Bus Depot;
    3. Constitution Road Terminal;
    4. Fairchild Street Terminal;
    5. Princess Alice Terminal; and
    6. Speightstown Terminal.
  4. An owner or driver of a public service vehicle who fails to comply withany provision of this paragraph is, in addition to the penalty provided by paragraph 28, liable to have his licence or permit suspended.
    23.(a)
    (b)(c)
    24.A traveller to Barbados shallgive details of his accommodation in Barbados to the Chief Immigration Officer and to the Chief Medical Officer;comply with this Directive; andcomply 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.
    A traveller to Barbados who gives false or misleading information orsubmits a false document on arrival in Barbados to the Chief Immigration Officer or the Chief Medical Officer concerning
    1. his accommodation in Barbados;
    2. whether he has been tested for COVID-19 and the result of such test; or
    3. whether he has been fully vaccinated against COVID-19,

contravenes this Directive.

25.

(a)

(b)

A person who

fails to answer any question; or

gives a false or misleading answer to any such question

put to him by a doctor, a nurse, a member of the Unit or any other person authorized by the Chief Medical Officer who is seeking information for the purpose of tracing any other person who has been exposed to a person who is or may be infected with COVID-19, contravenes this Directive.

26.

(a)

A person who is placed in quarantine contravenes this Directive if he

leaves the place in which he is quarantined without the consent of the Chief Medical Officer;

(b)

(c)

27.

receives guests; or

fails to comply with the directions of the Chief Medical Officer.

The owner or operator of any business, establishment or organization

who fails to comply with this Directive is, in addition to the penalty provided by paragraph 28, liable to be ordered by the Prime Minister or Attorney General, acting on the advice of the Chief Medical Officer or the Unit, to cease to operate for the duration of this Directive.

  1. Any person who contravenes this Directive or fails to comply withany protocol 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. 2) Order, 2021 (S.I. 2021 No. 61).
  2. This Directive shall come into effect on the 8th day of November, 2021and shall cease to have effect on the 15th day of November, 2021.
    Made by the Prime Minister this 6th day of November, 2021.
    S. BRADSHAW Prime Minister (Ag.)
    7th November, 2021
    S.I. 2021 No. 80
    Miscellaneous Controls Act CAP. 329MISCELLANEOUS CONTROLS (CONTROL OF PRICES) (GENERAL) (AMENDMENT) (NO. 12) REGULATIONS, 2021
    The Minister, in exercise of the powers conferred on him by section 3 of theMiscellaneous Controls Act, makes the following Regulations:
    1. These Regulations may be cited as the Miscellaneous Controls(Control of Prices) (General) (Amendment) (No. 12) Regulations, 2021.
    2. The Schedule to the Miscellaneous Controls (Control of Prices)(General) Regulations, 2015 (S.I. 2015 No. 76) is amended by deleting the following items:“Diesel Fuel” “Gasolene” “Kerosene”“Liquefied Petroleum Gas”appearing in the first column of the Schedule under the Article “PETROLEUM PRODUCTS” and all the words appearing opposite thereto in the columns marked “WHOLESALE PRICE” and “RETAIL PRICE” and substituting therefor the items set out in the Schedule to these Regulations, together with the wholesale and retail prices set out in respect of those items.
    3. These Regulations shall come into operation on the 8th day of

November, 2021.

SCHEDULE

(Regulation 2)

ARTICLEWHOLESALE PRICE(not greater than)RETAIL PRICE(not greater than)
PETROLEUM PRODUCTS:
$2.98288 per litre
$3.28 per litre
Diesel Fuel
Gasolene$3.59624 per litre$3.95 per litre
Kerosene$1.38252 per litre$1.43 per litre
Liquefied Petroleum Gas$36.75 per cylinder
containing 20 lbs
$40.43 per cylinder
containing 22 lbs
$45.75 per cylinder
containing 25 lbs
$162.61 per cylinder
containing 100 lbs

Made by the Minister this 4th day of November, 2021.

K. D. SYMMONDS

Minister responsible for Energy, Small Business and Entrepreneurship