Kingston Police Response to Governmental Orders to Combat COVID-19 Virus Pandemic

The following violations can result in a charge under the Quarantine Act or Emergency Management and Civil Protection Act (EMCPA):

• Offences relating to non-essential businesses that remain open, in contravention of the EMCPA
• Offences relating to organized public events and social gatherings of more than 10 people, in contravention of the EMCPA
• Violations of the Quarantine Act where an individual does not abide by mandatory 14-day self-isolation
• Prohibited use of a playground and some park amenities in Kingston

So the public best understands what can be reported, the following is a list of what Kingston Police currently DOES NOT have the authority to enforce:

• Social/Physical distancing where public health recommendations are for people to practice staying a minimum of six feet or two metres apart.
• Recommended sanitary actions like hand-washing, coughing or sneezing into one’s arm, etc.   
• Self-isolation by one’s personal choice or at the direction of an employer, unless the person is a traveller and returned to Canada as of March 26, where they fall under mandatory self-isolation rules as prescribed under the Quarantine Act.

As a result of the increasing health concerns posed by the COVID-19 Pandemic, Kingston Police and other police services in the province of Ontario are continuing to learn and adapt in relation to orders issued under various federal, provincial and municipal authorities.

Emergency Management and Civil Protection Act (EMCPA)

 Commencing March 17 the Government of Ontario issued orders under the Emergency Management and Civil Protection Act (EMCPA):

 Require the following establishments to be closed:

1. Based on advice received from Ontario’s Chief Medical Officer of Health, all organized public events and social gatherings of more than ten (10) people (changed from 5 to 10 people as of June 12) are hereby prohibited including parades and events and communal services within places of worship. See the link for some exceptions.
2. Commencing on March 25 additional authority under the EMCPA was given to ensure the closure of at-risk workplaces. A list of essential services was provided that includes 49 different categories found within 19 different categories.

• All private schools as defined in the Education Act,
• All bars and restaurants, except to the extent that such facilities provide takeout food and delivery, or outdoor service
• All theatres including those offering live performance of music, dance, and other art forms, as well as cinemas that show movies, and
• All concert venues

 Kingston Police has the authority under the EMCPA to ensure these businesses adhere to the established compliance requirements and that there are no organized public events and social gatherings of more than five (5) people. The procedure is as follows:

• The majority of investigations will be complaint-driven, where Kingston Police or KFL&A Public Health will receive a report from a member of the community, business or organization.
• To report an offence relating to the belief a non-essential workplace is continuing to operate, or there is an organized public event or social gathering of more than ten (10) people do one of the following:
  • Call the Kingston Police non-emergency number of 613-549-4660
• To report an offence relating to the belief a non-essential workplace is continuing to operate:
  • Submit a report through KFL&A Public Health
• A report will be generated and officers from the C.O.R.E. Unit (Community-Oriented Response and Engagement) or uniform patrol will be assigned to investigate. Both Kingston Police and KFL&A Public Health will ensure the other respective agency is informed of the investigation.  
• Investigators will attend and verify if the business is either at-risk or essential based on the definitions provided by the provincial government.
• For large groups it will be determined if they meet the definition of being an organized public event or social gathering, considering the listed exemptions:
  • Private households with more than ten (10) people
  • Operating child care centres supporting frontline health care workers and first responders, provided the number of persons at each centre does not exceed 50 people
  • Gatherings for wedding or funeral services may be attend by not more than 10 people
•  The EMCPA provides additional authority if there is a pressing and clear health concern that could affect public safety. Any participants will still be educated on public health recommendations on physical distancing and not to gather in large groups. City of Kingston Bylaw infractions will also be a consideration in relation to noise complaints or if it meets the definition of a nuisance party. 
• If a business, organized public event or social gathering of more than five (5) people is found to be in violation of the order an officer has the authority to:
  • Issue a warning that will be filed with Kingston Police local records,
  • Issue a Provincial Offence Notice for the following offences:
    • Fail to comply with an order made during a declared emergency - $880 fine
    • Obstruct any person exercising a power OR performing a duty in accordance with an order made during a declared emergency - $1,130 fine
  • Issue a Part III Summons to court where maximum fines can range from $100,000 for an individual, $500,000 for a director or officer of a corporation, $10,000,000 for a corporation, and up to one year imprisonment.  

NOTE: the EMCPA creates a separate offence on each day that any offence listed above occurs or continues.

Quarantine Act

Commencing March 26 the Government of Canada issued an order under the Quarantine Act that requires any person entering Canada by air, sea or land to self-isolate for 14 days whether or not they have symptoms of COVID-19.

Kingston Police will take reports of suspected violations of this order by members of the community.

Any reported matters will be investigated by Kington Police to ensure compliance with the order. Failure to comply with this Order is an offence under the Quarantine Act.

Maximum penalties include a fine of up to $750,000 and/or imprisonment for six months. Further, a person who causes a risk of imminent death or serious bodily harm to another person while wilfully or recklessly contravening this Act or the regulations could be liable for a fine of up to $1,000,000 or to imprisonment of up to three years, or to both. Spot checks will be conducted by authorities to verify compliance.

City of Kingston State of Emergency (and Government of Ontario as of March 30)

Commencing March 26, 2020 Mayor Bryan Paterson declared a State of Emergency for Kingston to help contain the spread of COVID-19 under the authority of the EMCPA. Updated June 6th amenities and public spaces that are closed for use include:    

• Play structures, swings, slides and climbers
• Beaches
• Splash pads
• Park washrooms and buildings

While the playgrounds and park amenities are closed, residents are able to walk through them. Safe park practices that are permitted include running, walking or jogging through the park while keeping a two-metre distance from others – which is equal to the length of a hockey stick. Residents can also walk their dog through the park where this is allowed, while respecting the established leashing requirements for the site.

On March 30 the Government of Ontario enacted the same measures province-wide and on March 31 included the additional power under the EMCPA that the public is required to identify themselves if charged with breaching an emergency order during the COVID-19 outbreak.

Kingston Police, with assistance from City of Kingston Bylaw Enforcement, will take reports of suspected violations via the following means:

• Call the Kingston Police non-emergency number of 613-549-4660

What is Not Currently Enforceable

So the public best understands what can be reported, the following is a list of what Kingston Police currently DOES NOT have the authority to enforce:

• Social/Physical distancing where public health recommendations are for people to practice staying a minimum of six feet or two metres apart.
• Recommended sanitary actions like hand-washing, coughing or sneezing into one’s arm, etc.   
• Self-isolation by one’s personal choice or at the direction of an employer, unless the person is a traveller and returned to Canada as of March 26, where they fall under mandatory self-isolation rules as prescribed under the Quarantine Act.

Stay up-to-date on the City of Kingston’s COVID-19 precautions

Stay up-to-date on the Government of Ontario's Framework for Reopening

The Kingston Police request the community to abide by all government orders and continue to educate themselves on changes related to the COVID-19 Pandemic. While education and voluntary compliance without the need of formal intervention are preferred methods to ensure the safety of all who live or work within the city, Kingston Police will enforce any offences when necessary as per the authority granted under these Acts.

Due to adjusting concerns and the state of emergency recently declared by the province of Ontario over the spread of COVID-19, the operating hours of the front desk are being reduced to 8:00 a.m. to 6:00 p.m., Monday through Sunday. Kingston Police are also asking the public to avoid attending the front desk of the police station, located at 705 Division Street, unless absolutely necessary.

Access to the lobby will be restricted to two people at a time. Signage has been displayed for passive self-screening, utilizing hand sanitizer upon entry, and adhering to social distancing (1-2 metres apart) within the lobby.

Members of the community can still access many services via the Kingston Police website at www.kingstonpolice.ca or by calling the non-emergency number of 613-549-4660.

• Filing a non-emergency police report:
• Online reporting is available for 14 different categories OR
• Contact the general number from 8:00 a.m. to 6:00 p.m. seven days a week at 613-549-4660 ext ‘0’. Outside of these posted hours please use our online reporting. 
• Background checks:
• Online applications can still be processed.
• Kingston Police will be restricting background checks to immediate and essential background checks for employment purposes only

• Background checks will only be processed through the on-line  system. Do not attend the station unless you are specifically contacted by Kingston Police to do so.

• Should you have any questions with respect to the on-line process please contact: k-pic@kingstonpolice.ca

• If an applicant needs to be fingerprinted to complete a Vulnerable Sector check, the completion of their check will be delayed. Kingston Police have suspended fingerprinting services during the COVID-19 outbreak.
• Collision Reporting Centre (CRC):
• The CRC’s office is open and located in the lobby of 705 Division St. Its hours of operation have been reduced and are now Monday through Friday from 10 a.m to 6 p.m.  
• Those involved in a collision where police are not required can attend the visitor parking lot at 705 Division St and first contact CRC personnel by calling 613-540-6653 to inquire about their services, if there has been any change in their operation, and whether they are required to enter the lobby.
• Full information on the CRC can be found here.
• Fingerprint appointments:
• Court-appointed fingerprint dates are cancelled and individuals will be notified of a new date by the Kingston Police Court Office.
• Sign-in requirements:
• Individuals required to sign-in at the front desk are still mandated to attend but can show their identification to staff through the glass partition.
• Interview or Arrest
• Those who have made arrangements with an investigator to attend the station for an interview or to surrender themselves relating to an outstanding charge or warrant will be asked to complete an Active Screening Checklist before entering police facilities. Depending on the risk factors people may be required to wear a provided surgical or procedure mask.

In an emergency always dial 9-1-1, but do not use it for general inquiries or to report a non-emergency. Communications personnel need to be available for priority calls for service to best serve the citizens of the City of Kingston.