Revised Laws of Saint Lucia (2023)

Schedule

(Section 2 and 38(3))

LIST OF COUNTRIES

1.     Antigua and Barbuda

2.     Anguilla

3.     Barbados

4.     Grenada

5.     Montserrat

6.     St. Kitts and Nevis

7.     St. Vincent and the Grenadines

8.     The Commonwealth of Dominica.

CHAPTER 11.01
PUBLIC HEALTH ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

COVID-19 (Prevention and Control) (Wearing of Mask) Regulations – Section 65(2)(b)

(Statutory Instrument 152/2020)

Statutory Instrument 152/2020 .. in force 2 October 2020

ARRANGEMENT OF REGULATIONS

COVID-19 (PREVENTION AND CONTROL) (WEARING OF MASK) REGULATIONS – SECTION 65(2)(b)

Commencement [2 October 2020]

1.   Citation

This Order may be cited as the COVID-19 (Prevention and Control) (Wearing of Mask) Regulations.

2.   Wearing of mask

1.  

   (1)   A person may not wear a mask under section 21 of the COVID-19 (Prevention and Control) Act if the person is —

   1.  

      (a)     driving or is a passenger in a motor vehicle;

   1.  

      (b)     a child under the age of 5 years;

   1.  

      (c)     a child who sits at a distance of three feet during a class;

   1.  

      (d)     a person who is having a meal at a restaurant;

   1.  

      (e)     a person who is exercising at the gym;

   1.  

      (f)     a person who cannot wear a mask because of a physical or mental illness, impairment or disability;

   1.  

      (g)     a person who is directed by a health practitioner to remove the mask for the carrying out of medical or surgical treatment;

   1.  

      (h)     a person who is receiving a service including a service from a barber shop, beauty salon or other similar service; or

   1.  

      (i)     a person who is sea bathing or in a swimming pool.

1.  

   (2)   In this section, “motor vehicle” does not include a public omnibus, tourism taxi or taxi.

3.   Use of suitable covering

A person who, for medical reasons, cannot use a mask may use a suitable covering that is designed to cover the sides of the face and below the chin.

COVID-19 (Prevention and Control) (Declaration of Quarantine Facility) Order – Section 9

(Statutory Instrument 154/2020)

Statutory Instrument 154/2020 .. in force 2 October 2020

ARRANGEMENT OF ORDER

COVID-19 (PREVENTION AND CONTROL) (DECLARATION OF QUARANTINE FACILITY) ORDER – SECTION 9

Commencement [2 October 2020]

1.   Citation

This Order may be cited as the COVID-19 (Prevention and Control) (Declaration of Quarantine Facility) Order.

2.   Declaration of quarantine facility

The building or part of the building on the following property is declared to be a quarantine facility —

1.  

   (a)     the Rodney Bay Public Health Facility (A) registered as Block 1255B Parcel Number 235 situated in the Quarter of Gros Islet until the 31^st day of October, 2020;

1.  

   (b)     the Castries Public Health Facility registered as Block 1049F and Parcel Numbers 125, 225 and 226 situated in the Quarter of Castries;

1.  

   (c)     the Rodney Bay Public Health Facility (C) Block 1255B and Parcel Number 400 situated in the Quarter of Gros-Islet.

COVID-19 (Prevention and Control)
(Approval of Test for COVID-19 and Designation of Laboratory) Order – Section 10(2)

(Statutory Instrument 155/2020)

Statutory Instrument 155/2020 .. in force 2 October 2020

ARRANGEMENT OF ORDER

COVID-19 (PREVENTION AND CONTROL)
(APPROVAL OF TEST FOR COVID-19 AND DESIGNATION OF LABORATORY) ORDER – SECTION 10(2)

Commencement [2 October 2020]

1.   Citation

This Order may be cited as the COVID-19 (Prevention and Control) (Approval of Test for COVID-19 and Designation of Laboratory) Order.

2.   Approval of test for COVID-19

The polymerase chain reaction test is the test approved for COVID-19.

3.   Designation of laboratory

The Ezra Long Laboratory at the Owen King EU Hospital is designated as the laboratory where a polymerase chain reaction test may be carried out.

COVID-19 (Prevention and Control) (Fees) Regulations – Section 65(2)(c) and (k)

(Statutory Instruments 162A/2020 and 212A/2020)

Statutory Instrument 162A/2020 .. in force 15 October 2020

Amended by S.I. 212A .. in force 23 December 2019

ARRANGEMENT OF REGULATIONS

COVID-19 (PREVENTION AND CONTROL) (FEES) REGULATIONS – SECTION 65(2)(c) AND (k)

Commencement [15 October 2020]

1.   Citation

These Regulations may be cited as the COVID-19 (Prevention and Control) (Fees) Regulations.

2.   Application

These Regulations apply to a visitor, returning national or other category of persons arriving in Saint Lucia who are placed in quarantine.

3.   Fees at quarantine facility

1.  

   (1)     The fees for quarantine at a quarantine facility are as specified in Part A of the Schedule.

1.  

   (2)     Notwithstanding subregulation (1), a child pays 50% of the fee payable by an adult in any fee specified in Part A of the Schedule.

1.  

   (3)     Fees for quarantine under subregulation (1) must be paid directly to the quarantine facility.

4.   Fees for electronic monitoring device

1.  

   (1)     The fees for an electronic monitoring device are as specified in Part B of the Schedule.

1.  

   (2)     Fees for an electronic monitoring device under subregulation (1) must be paid to the Ministry responsible for health or any supplier that the Ministry designates.

Schedule

(Regulations 3 and 4)

PART A

FEES AT QUARANTINE FACILITY

PART B

FEES FOR ELECTRONIC MONITORING DEVICE

(Substituted by S.I. 212A/2020)

COVID-19 (Prevention and Control) (Protocol) (Fishing) Regulations – Sections 20(3) and 65(2)(a)

(Statutory Instrument 172/2020)

Statutory Instrument 172/2020 .. in force 4 November 2020

ARRANGEMENT OF REGULATIONS

COVID-19 (PREVENTION AND CONTROL) (PROTOCOL) (FISHING) REGULATIONS – SECTIONS 20(3) AND 65(2)(a)

Commencement [4 November 2020]

1.   Citation

These Regulations may be cited as the COVID-19 (Prevention and Control) (Protocol) (Fishing) Regulations.

2.   Interpretation

In these Regulations —

“licence” means a licence issued in respect of a local fishing vessel under regulation 19 of the Fisheries Regulations;

“local fisherman” means the master and every member of a crew of a local fishing vessel registered as a local fisherman in the register;

“register” means the register of local fishermen under regulation 24 of the Fisheries Regulations.

2.   Application

These Regulations apply to a local fisherman.

3.   Fishing

1.  

   (1)   A local fisherman may undertake fishing or related activities from the 5^th day of November, 2020.

1.  

   (2)   Notwithstanding subregulation (1), a local fisherman shall not undertake fishing or related activities from 6 p.m. to 4 a.m. each day.

1.  

   (3)   In this regulation —

“fishing” has the meaning assigned under the Fisheries Act;

“related activities” has the meaning assigned under the Fisheries Act.

4.   Condition of licence

1.  

   (1)   Without prejudice to regulation 22 of the Fisheries Regulations a licence is subject to the conditions that —

   1.  

      (a)     the following is kept in safe custody —

      1.  

         (i)     in the case of the master —

         1.  

            (A)     the registration card; and

         1.  

            (B)     the licence;

      1.  

         (ii)     in the case of each crew member, the registration card,

to be produced for inspection at a reasonable time when required by an authorized officer;

1.  

   (b)     before leaving a port, the master of the local fishing vessel contacts the Vigie Light House or the Moule a Chique Light House by telephone or by a Maritime Mobile Radio to provide the following information —

   1.  

      (i)     the local fishing vessel number,

   1.  

      (ii)     the master's name,

   1.  

      (iii)     the master's registration card number,

   1.  

      (iv)     the number of crew members on board the local fishing vessel,

   1.  

      (v)     the name of each crew member;

1.  

   (c)     the names of crew members on board the local fishing vessel is consistent with the names registered as local fishermen in the register; and

1.  

   (d)     the number of crew members on board the local fishing vessel is consistent with the number of crew members specified on application for a licence.

1.  

   (2)   In this regulation —

“authorized officer” means —

1.  

   (a)     a fisheries officer;

1.  

   (b)     a customs officer;

1.  

   (c)     a police officer;

1.  

   (d)     a person or category of persons designated under section 26 of the Fisheries Act;

“Maritime Mobile Radio” means radio equipment —

1.  

   (a)     for which a person is granted a certificate of type approval under the Telecommunications Act; and

1.  

   (b)     that uses Channel 16 in the very high frequency band;

“registration card” means a registration card granted under regulation 24(2) of the Fisheries Regulations.

5.   Suspension of licence

1.  

   (1)   A licence may be suspended for a period of one year if the local fishing vessel is used for human trafficking activities or to allow entry of a prohibited immigrant into Saint Lucia.

1.  

   (2)   In this regulation, “prohibited immigrant” means a person deemed to be a prohibited immigrant under section 8(4) of the Immigration Act.

6.   Penalty

A local fisherman who contravenes these Regulations commits an offence and is liable on summary conviction to a fine not exceeding $1,000 or imprisonment with or without hard labour for a term not exceeding 6 months or both and forfeiture of goods or money in respect of which the offence has been committed.

7.   Revocation

The COVID-19 (Prevention and Control) (Restriction of Access to Area) Order, Statutory Instrument, No. 165A of 2020 is revoked.

COVID-19 (Prevention and Control) (Prohibition of Assembly) (No. 5) Order – Section 16

(Statutory Instrument 202A/2020)

Statutory Instrument 202A/2020 .. in force 15 December 2020

ARRANGEMENT OF ORDER

COVID-19 (PREVENTION AND CONTROL) (PROHIBITION OF ASSEMBLY) (NO. 5) ORDER – SECTION 16

Commencement [15 December 2020]

1.   Citation and commencement

This Order may be cited as the COVID-19 (Prevention and Control) (Prohibition of Assembly) (No. 5) Order.

2.   Restriction on social activities

1.  

   (1)   A person shall not host or attend —

   1.  

      (a)     a mass crowd event; or

   1.  

      (b)     a social event including —

      1.  

         (i)     a Christmas party,

      1.  

         (ii)     a New Year's Eve party,

      1.  

         (iii)     Assou Square,

      1.  

         (iv)     National Day Jouvert,

      1.  

         (v)     a Staff party,

      1.  

         (vi)     a wake,

      1.  

         (vii)     a boat ride, or

      1.  

         (viii)     a beach picnic;

   1.  

      (c)     a competitive or recreational contact sporting activity.

1.  

   (2)   A faith-based organization shall not hold a religious ceremony unless —

   1.  

      (a)     the physical distancing protocols specified under the COVID-19 (Prevention and Control) (Physical Distancing) Order are complied with;

   1.  

      (b)     the Ministry of Equity, Social Justice, Local Government and Empowerment, after consultation with the Chief Medical Officer, has approved a COVID-19 Response Plan prepared by the faith-based organization;

   1.  

      (c)     there are no more than 50 persons in attendance unless the Chief Medical Officer approves a different number.

1.  

   (3)   Subsection (2) applies to special religious rites including —

   1.  

      (a)     christenings;

   1.  

      (b)     weddings; and

   1.  

      (c)     funerals.

1.  

   (4)   This section does not prevent —

   1.  

      (a)     an individual or immediate family household from running, walking, cycling or exercising in a safe open space;

   1.  

      (b)     an individual from having a birthday celebration, a retirement celebration or a marriage celebration at home if —

      1.  

         (i)     there are no more than 25 persons in attendance, and

      1.  

         (ii)     the physical distancing protocols specified under the COVID-19 (Prevention and Control) (Physical Distancing) Order are complied with;

   1.  

      (c)     the hosting and attendance at a non-contact sporting event;

   1.  

      (d)     a gym to operate if the physical distancing protocols specified under the COVID-19 (Prevention and Control) (Physical Distancing) Order are complied with within the square footage of the gym;

   1.  

      (e)     one-on-one coaching or training of an athlete for a contact sport;

   1.  

      (f)     a faith-based organization from holding daily religious ceremonies if —

      1.  

         (i)     the physical distancing protocols specified under the COVID-19 (Prevention and Control) (Physical Distancing) Order are complied with within the square footage of the faith-based organization, and

      1.  

         (ii)     the protocols for the faith-based organization are complied with; or

   1.  

      (g)     a street market on Jeremie Street in the City of Castries if a COVID-19 Response Plan is approved by the Chief Medical Officer.

1.  

   (5)   In this section —

“immediate family household”, in relation to an individual, means the spouse, child, relative or other person living with the individual;

“street market” means a temporary public market set up on a road on certain days of the week.

COVID-19 (Prevention and Control) (Physical Distancing) (No. 5) Order – Section 17

(Statutory Instrument 202B/2020)

Statutory Instrument 202B/2020 .. in force 15 December 2020

ARRANGEMENT OF ORDER

COVID-19 (PREVENTION AND CONTROL) (PHYSICAL DISTANCING) (NO. 5) ORDER – SECTION 17

Commencement [15 December 2020]

1.   Citation and commencement

This Order may be cited as the COVID-19 (Prevention and Control) (Physical Distancing) (No. 5) Order.

2.   Physical distancing

In an effort to prevent the spread of COVID-19, a person shall distance himself or herself no less than 3 feet from another person.

3.   Duty of business, establishment or office

A business, establishment or office —

1.  

   (a)     shall ensure that a customer and staff maintain physical distancing in accordance with section 2 in or outside the business, establishment or office;

1.  

   (b)     shall determine the number of persons that may be permitted in the business, establishment or office at any one time by permitting one person for every 9 or more square feet of space;

1.  

   (c)     may place prominent distance markers, indicating where each customer must stand on a line at a checkout point; and

1.  

   (d)     may place distance markers apart on the outside of the business, establishment or office, indicating where customers must stand while waiting to enter the business, establishment or office.

4.   Operation of educational institutions

1.  

   (1)   An educational institution shall reopen on the 4^th day of January, 2021.

1.  

   (2)   Subsection (1) does not prohibit —

   1.  

      (a)     an activity that can be performed by electronic or virtual means;

   1.  

      (b)     a student at the tertiary level who is enrolled in a medical and natural science programme or staff member to be at the educational institution for laboratory and practical evaluation;

   1.  

      (c)     a student at the secondary level who is in Forms 4 and 5 or staff member to be at the educational institution in preparation for regional and international academic evaluations;

   1.  

      (d)     a student at the primary level who is in Grade 6 or staff member to be at the educational institution in preparation for national and regional academic evaluations including the Common Entrance Examination.

5.   Operation of business, establishment or office

1.  

   (1)   A business, establishment or office, including a restaurant and a bar shall cease operation at 11 p.m. to 5 a.m. on each day.

1.  

   (2)   Subsection (1) does not apply to —

   1.  

      (a)     essential services;

   1.  

      (b)     public or private protective services;

   1.  

      (c)     manufacturing services;

   1.  

      (d)     public transportation;

   1.  

      (e)     agricultural and agro-processing;

   1.  

      (f)     a certified accommodation provider.

6.   Sale and disposal of intoxicating liquor

1.  

   (1)   A person with a valid licence under the Liquor Licence Act may permit a person, on the licensed premises, to consume intoxicating liquor, drink or food.

1.  

   (2)   Notwithstanding subsection (1), a person with a valid licence under the Liquor Licence Act shall —

   1.  

      (a)     display a sign with the revised capacity;

   1.  

      (b)     comply with the physical distancing protocols under the COVID-19 (Prevention and Control) (Physical Distancing) Order; and

   1.  

      (c)     implement the COVID-19 Response Plan approved by the Chief Medical Officer.

1.  

   (3)   In this section, “licensed premises” means a building or place for which a liquor licence has been granted under the Liquor Licence Act.