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Bylaw officers to help enforce masks on transit

Whether assistance will be effective in enforcing health unit's mandatory mask order remains uncertain, given exemptions.
Transit COVID-19
City bylaw officers will help enforce a public health order for mandatory masks on public transit. (File photo)

THUNDER BAY – The City of Thunder Bay hopes posting bylaw enforcement officers at public transit terminals will help boost compliance with a mandatory mask policy on buses.

Whether the move will be effective remains an open question, however, with exemptions in the mask policy making enforcement impossible to guarantee.

The Amalgamated Transit Union local representing transit operators has called for greater enforcement, raising concerns over exposure to riders not wearing masks.

Mayor Bill Mauro first proposed putting enforcement officers directly on buses themselves. Senior city staff advised that with limited resources, that approach would be ineffective, and could lead to more conflict on board.

Mauro accepted that advice, amending his motion to instead post enforcement officers at transit terminals, where they can interact with a larger number of riders.

Officers are empowered to enforce the public health order that makes masks mandatory on public transit, when riders are unable to maintain a distance of two metres from others.

However, the order allows exemptions for those with medical conditions including breathing difficulties, cognitive difficulties, and hearing or communication difficulties.

Doug Vincent, the city’s manager of licensing and enforcement, suggested the exemption was being used by some riders to flout the order.

“It’s important to understand there are only very limited things a bylaw officer can do,” he told councillors. “If someone doesn’t choose to wear a face mask and the officer advises them that it’s required, they simply claim an exemption.”

The health unit has specifically stated proof is not required to claim an exemption, he added.

Officers could still play a constructive role, Vincent said, providing a visible enforcement presence, checking in with drivers, and reminding riders of the rules.

Officers are typically directed to avoid escalating enforcement of COVID regulations to the point of conflict, however, he noted.

“I do believe it would be somewhat inflammatory to try to enforce the COVID regulations,” he said.

Putting enforcement officers at terminals could have limited effectiveness, Mauro conceded, while allowing it was also uncertain whether transit was contributing to community spread of COVID-19.

However, given the seriousness of the recent spike in local numbers, he argued the city must do everything it can to curb the spread.

“[There’s] clearly community spread occurring in a very significant way,” he said. “So the question becomes what can we do about it? What are the levers that we control?”

Coun. Shelby Ch’ng agreed, expressing frustration there was not more the city could do.

“I don’t really see what else we can do to protect people and the drivers.”



Ian Kaufman

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