Good laws are clear, concise, and limited to serving the purpose of their enactment. This by-law fails the test because it grants broad powers of enforcement to enforce vaguely written provisions. Hamilton’s By-Law does not provide clarity for residents who wish to obey the law, nor clarity for the municipal bylaw enforcement officers who have to impose it. As written, an essential business is in violation of this by-law if its customers are lined up two metres away on a public sidewalk of a width less than two metres (effectively every sidewalk in Hamilton). While municipal bylaw enforcement officers will be asked to exercise discretion, overreach is invited by the vagueness of the proposed bylaw. Hamilton’s By-Law states “Every person shall maintain a distance of at least two (2) metres from every other person who is not a member of the same household when in a Public Space.” Hamilton’s By-Law defines public space as “any outdoor or indoor space to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry”. In short, everywhere could be “Public Space” if a City of Hamilton staff member decides it is “by implication”. Compare this to the clarity in the City of Toronto social distancing by-law. Toronto states no person shall “Remain, for longer than an incidental period, closer than 2 metres to any other person who is not a member of the same household”. Incidental is the key word in Toronto’s by-law. Hamilton’s by-law technically makes it a municipal offence to walk pass another person on a public sidewalk. Further Toronto’s by-law only applies to public parks and public square; it does not apply to other “public spaces” such as sidewalks, roads, and private property. Toronto’s bylaw is limited to its purpose, and is clearly within the legal authority of the City. Another key difference between the Toronto by-law and Hamilton’s proposed by-law is a severability clause inserted in expectation the Ontario Superior Court of Justice may declare Hamilton’s By-Law to be ultra vires – beyond the powers of the municipality. Section 7.2 reads “Should any section of this By-law be declared by a Court of competent jurisdiction to be ultra vires or illegal for any reason, the remaining parts shall nevertheless remain valid and binding, and shall be read as if the offending section or part had been struck out.” Why is this in Hamilton’s By-Law? Hamilton City Council is creating a new provincial offence which is not required or imposed by those with the clear authority to make it illegal to be closer than two metres to another person. The Province has not imposed physical distancing as a legal requirement, nor is Hamilton’s Medical Officer of Health issuing a physical distancing order. Both have clear and undisputed powers to do so. In justifying the proposed by-law, Hamilton City Council cites Section 10(2)(6) of the Municipal Act, which states a “municipality may pass by-laws respecting the … health, safety and well-being of persons” adding “it desirable to enact a by-law to support the intent and purpose of the Provincial Orders made under the [Emergency Management and Civil Protection Act] in order to protect the health, safety and well-being of persons in the City of Hamilton by prohibiting certain activities and regulating physical distancing during the COVID-19 Emergency”. What is the “intent and purpose of the Provincial Orders”? Ontario Regulations 82/20 and 119/20 order the “closure of places of non-essential businesses” allowing essential businesses to operate “subject to the advice and recommendations of public health officials, including their recommendations about the importance of physical distancing”. It is already a Provincial Offence to operate an essential business without implementing physical distancing. There is no need for a municipal by-law for these spaces. Dr. David Williams, Ontario’s Chief Medical Officer of Health, has not issued an order imposing two metre physical distancing; nor has Hamilton’s Medical Officer of Health Dr. Elizabeth Richardson. Both have the power to issue a two metre physical distancing order. Ontario Regulation 99/20 prohibits gathers of more than five people, or more than 10 persons for a funeral service. Ontario Regulation 104/20 makes it illegal to use outdoor recreational amenities such as playgrounds, sports facilities, multi-use fields, community gardens, benches, etc.