Hamilton council votes to scrap mask and physical-distancing bylaws

Hamilton city council has voted to scrap municipal bylaws requiring indoor masking and social distancing in public spaces, despite pleas from a minority on council who say the city's most vulnerable residents will suffer unequally from the change.

The motions, brought forward by Mayor Fred Eisenberger and seconded by Ancaster councillor Lloyd Ferguson, brings the city in line with the province of Ontario, which repealed its masking requirement as of Monday.

With the provincial changes, masks will no longer be required in most indoor settings, including restaurants, retail, fitness centres and grocery stores and schools.

For now, mandates will remain in place for public transit, long-term care and retirement homes, shelters, jails and congregate care and living settings. The Hamilton-Wentworth District School Board is also keeping its masking mandate until April 1.

On April 27, all other masking mandates and emergency orders are set to expire.

The motions repeal bylaws city council put in place early in the pandemic, before the province introduced its own masking and distancing regulations.

The vote to rescind the physical-distancing bylaw passed unanimously, 14-0.

But Ward 1 councillor Maureen Wilson and Ward 3 councillor Nrinder Nann opposed dropping the mask rule. That vote passed 12-2.

"The province is putting us in a really untenable position here," said Wilson.

"We should be changing restrictions when it is reasonable and safe for populations that are the most vulnerable, not for those that are the least."

Despite being the one introducing the motion, Eisenberger expressed "anxiety" about lifting the bylaw, but said that keeping it locally would put Hamilton in the awkward position of having a different set of rules than surrounding municipalities. 

"I worry about the impacts of this in our broader community, but I don't see a way around what the province has already let out of the barn in terms of policy," he said at a special council meeting on Monday. "If we fail to follow through, there is going to be lots of conflict in our community."

He pleaded with residents to continue practicing COVID-safe behaviours.

"I highly, highly, highly recommend people continue to mask in public spaces," he said. "I highly, highly, highly recommend people get their booster shot. In my opinion, it should be mandatory.