Mask Exemptions must be respected, disability advocates say
Why Mask Exemptions MUST Be Honored
Fact: Failure to respect mask exemptions constitutes discrimination under the Ontario Human Rights Code and the Charter of Rights and Freedoms.
Because of this, a business CANNOT legally refuse entry to someone claiming an exemption. And those claiming exemption under the act are NOT required by law to provide ANY proof. Period.
According to the Ontario Ministry of Health, there are 3 reasons why someone may not wear a mask and is exempt:
1️⃣ Have a medical condition that inhibits ability to wear a face covering
2️⃣ Are unable to put on or remove a face covering without help from someone else
3️⃣ Are receiving accommodations according to the Accessibility for Ontarians with Disabilities Act, 2005 or the Human Rights Code
Now, staff CAN ask customers who are not wearing a mask if they are mask exempt — but remember, there is no requirement for anyone to provide proof of exemption.
Bottom line:
Businesses must recognize and respect that there are exemptions for individuals who are unable to wear a mask.
It’s the law.
If you have a valid mask exemption and you were denied entry into a store, you can file a Human Rights Compliant: https://www.chrc-ccdp.gc.ca/en
(Remember the Emergency Management Civil Protection ACT and Reopening Ontario Act, while they are Provincial laws, they are still subject to the Charter. This is clearly stated in EMPCA section 7.0.2.)
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