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Durham Region mandates contact tracing for gatherings in people's homes

Torontosun.com
Sept. 17, 2021
Anthony Furey

If you thought your home was the one place where you could relax without worrying about getting fined over pandemic rules, think again.

Durham Region’s top doctor has quietly passed new rules mandating that all residents must conduct contact tracing of anyone who comes to their house for a “social gathering.” This is regardless of how many people are in attendance, how well they know each other, and the purpose of the visit.

If someone is found to not be complying, they can be hit with a $5,000 fine.

Dr. Robert Kyle, Durham Region’s medical officer of health, issued this as a Sec. 22 class order under the Ontario Health and Protection and Promotion Act that came into effect on Sept. 10.

The new rule means that coffee dates with a best friend or a play date between toddlers must now be documented and handed over to the regional health department upon request.

An official fact sheet clarifies the rules for residents of the Greater Toronto Area neighbourhood:

-- Maintain a list of full names and contact information (including phone numbers) for all attendees at the social gathering, regardless of age, in a private dwelling and/or commercial premises and, upon request, shall provide Durham Region Health Department (DRHD) with this information within 24 hours of the request, or other time specified.

-- Maintain the list of names and contact information (including phone numbers) for attendees at the social gathering for a period of at least one month.

The fact sheet specifies that “(a) social gathering is a gathering of two or more people who do not reside in the same household.”

This means that private residences in Durham now face similar rules as public-facing businesses. It also means the government is now setting rules for private social interactions.

They claim that most people already voluntarily hand such information over, and that the new order is because of “some who do not cooperate.”

The health department further explains: “This class order was issued as a result of an increase in the numbers of people contracting COVID-19 in Durham Region and the importance of timely and efficient case and contact management in order to reduce transmission in the community.”

While the number of cases has gone up slightly from where they stood in July, they are still at some of their lowest points of the year. The Durham Region daily case count currently hovers in the 20s and 30s and they had 36 cases on Sept. 10, the day the new rule came into effect.

Dr. Neil Rau, an infectious diseases physician based out of Oakville, calls these rules “extreme” and doubts they will even accomplish anything.

“Any order that’s calling for contact tracing like this is moving backward rather than moving forwards in terms of our evolving towards an endemic (live with it) response,” says Dr. Rau. “I don’t think it has much value in terms of disease containment.”

One lawyer familiar with COVID-19 rules notes that those who object have the right to challenge the new rule.

“Anyone affected by the order, including homeowners who disagree with it, have the right to appeal the order before the Health Services Appeal and Review Board, and have the right to a hearing within 15 days,” explains Ryan O’Connor, a partner at the Toronto-based Zayouna law firm.

“It is notable that the province currently permits indoor social gatherings in private residences but does not mandate the collection of guests’ personal information,” O’Connor adds. “This is another instance of a local public health unit imposing orders above and beyond the province’s COVID-related restrictions.”

Above and beyond, indeed.

There have been some truly ridiculous fines issued in Ontario throughout the course of the pandemic. It’ll be interesting to see if Durham actually enforces this questionable new tool.

Shouldn’t we be beyond such things at this point?