Is it time for toboggan police, rink patrols in York Region?

Councillors say Ontario's COVID-19 rules are 'clear as mud'

Yorkregion.com
Jan. 15, 2021
Kim Zarzour

York Region mayors are struggling with how to deal, during a lockdown, with two popular winter activities: sledding down a snow-covered hill and skating on outdoor rinks.

Whitchurch-Stouffville Mayor Iain Lovatt raised the issue at a York Region council meeting Jan. 14 after noting his municipality closed local hills and rinks in response to the province's stay-at-home order.

Ontarians are asked not to go out for 28 days, except for essential purposes, exercise or work.

But Lovatt and other members of council are wondering whether that exercise could include the traditional Canadian winter pastimes, questioning what is legal and what is COVID-safe.

York Region’s solicitor Dan Kuzmyk said the new provincial regulations indicate the activities are allowed -- but it’s complicated.

“The complexity comes where you’ve got large numbers of people,” he said. “It’s difficult to ascertain whether that is a whole series of people on a hill or skating area, is that a public gathering? There is quite understandably some conflict in that area.”

Kuzmyk said municipalities and the region’s enforcement task force have been discussing the problem and were advised that any group together in close proximity -- sharing a toboggan, for example -- must be from the same household.

Larger groups on a hill would be subject to the distancing requirements or rules with respect to gatherings, he said.

“It gets complicated if there is some kind of organized tobogganing event or something like that, in which case the enforcement folks are going to have to exercise their discretion.”

Officers have the authority to disperse skaters and sledders and require an area to be closed in situations that are deemed unsafe, he said.

“It’s a complicated answer, and I apologize for the multifaceted nature of it, but that’s the best we can do at this point.”

That, Lovatt said, was “clear as mud.”

“I’m fine with making a tough decision for our community and for the well-being of our community. That’s not the issue...When there’s 100 people on a toboggan hill and it’s cold and you’re yelling and screaming, if you’re asymptomatic, you’re going to be spreading the virus.

“I don’t want to post a bylaw officer at a toboggan hill 24 hours a day or 12 hours a day to make sure people are staying six feet apart or that there’s no more than five people. Are we really going to give families $800 tickets for tobogganing on a hill when there’s more than five people?

“The ambiguity in everything that we’ve seen throughout the pandemic is what causes people stress and puts municipalities in difficult positions."

Newmarket Mayor John Taylor agreed, saying he has contacted MPP Christine Elliott’s office and reached out to Premier Doug Ford for clarification.

“I guess we’ll all muddle through it somehow,” Taylor said, agreeing with Lovatt’s call for more clarity.

Later Thursday evening, Newmarket announced it had heard from the province and re-opened rinks and allowed tobogganing again with enhanced safety measures.

Skaters must wear masks and maintain six feet distance from anyone outside of their household.

Tobogganers must also maintain six foot distances, toboggan only with members of their household, and it is recommended they wear masks.

York Region Dr. Karim Kurji said his fellow medical officers of health from regions across the province have the same questions.

“I have always believed in the opportunity to exercise and, particularly for our children, to be out in the fresh air. However, we have to live within the regulations and they have been brought about because of very valid concerns."