Municipal Government (Face Mask and Proof of COVID-19 Vaccination Bylaws) Amendment Act, ACT, SA 2022 c5
Amended
Municipal Government Act, RSA 2000 cM-26
Summary
The Municipal Government (Face Mask and Proof of COVID-19 Vaccination Bylaws) Amendment Act limits municipal councils’ authority to enact face mask and proof of COVID-19 vaccination bylaws, unless the municipality receives ministerial approval for the bylaw. Specifically, the Act prevents municipalities from enacting bylaws or bylaw amendments which require an individual to either:
- Wear a face mask/covering for the purpose of preventing the spread of COVID-19 or any other communicable disease; or
- Provide proof of vaccination against COVID-19 or a negative COVID-19 test upon entering a premises.
The Act automatically repeals any bylaws which requires the foregoing although it does not invalidate any enforcement efforts made under face mask or proof of vaccination bylaws when they were in force.
The Act does not apply to a bylaw which applies only to property owned or leased and operated by a municipality.
The Minister is required to consider public interest and to consult with the Chief Medical Officer of Health in determining whether to approve a new face mask or proof of vaccine bylaw.
In Force: April 21, 2022