Official Govt & Legal Notices For April 1 2021

April 1, 2021

The official Government and Legal notices for today [April 1] include PATI information statement, list of proposed planning applications, and temporary fundraising licence.

PATI Information Statement

Notice Type: Government Notice
Notice Sub Type: Public Notification
Notice ID: GN0291/2021
Public Authorities / Department: Bermuda Casino Gaming Commission
Publication Date: 01 April 2021

PATI Information Statement

5 April 2021

Name Of Public Authority:

Bermuda Casino Gaming Commission (“the Commission”)

Introduction:

The Public Access to Information Act 2010 (“the PATI Act”) grants the Bermuda public the right to obtain access to information held by public authorities to the greatest extent possible, subject to exceptions that are in the public interest or for the protection of the rights of others. It is designed to increase transparency with respect to activities of public authorities and their decision-making process. It is further designed to hold public authorities to a high standard of accountability.

By law, the PATI Act requires each public authority to publish its own Information Statement which describes its organization, functions, policies and procedures, and provides a contact person to whom requests are to be directed.

The purpose of this Information Statement is to fulfill those requirements and provide a general overview, outlining the information held by the Commission which the public are entitled to access.

The Information Statement is divided into several different categories to assist the public in accessing the information that they are seeking:

Section A deals with the structure, organization and legislation of the Commission.

Section B describes the functions, powers and duties of the Commission and its obligations under the PATI Act.

Section C covers the services performed by the Commission.

Section D outlines the records and documents held by the Commission.

Section E lists any administrative manuals used by the Commission.

Section F describes any other decision-making documents held by the Commission.

Section G provides the name and contact details of the Information Officer for the Commission.

Section H contains any other relevant information held by the Commission.

Section I explains where copies of the Information Statement may be obtained.

Information that may be withheld:

In maintaining this Information Statement, our aim is to be as transparent as possible. However, there may be limited circumstances where information will be withheld. Section 37 of the PATI Act provides that a record is exempt if its disclosure is prohibited by any statutory provision other than the PATI Act. Thus, circumstances prescribed in sections 189, 189A, 189B, 190 and 191 as read with Schedule 2 of the Casino Gaming Act 2014 (“the Act”) permit some records and information received, gathered, stored, analyzed and disseminated by the Commission to be exempt from disclosure. This includes:

Some information about the affairs of the Commission
Some information about the affairs of a member, officer, employee, agent of the Commission
Some information obtained by a person in the performance of statutory duties or exercise of statutory functions

Whenever information is withheld, the Commission will provide the lawful basis for the decision.

Section A: Structure, Organization and Legislation [s. 5(1)(a) PATI Act]

Structure:

Section 7 of the Act prescribes the constitution of the Commission. The Commission must consist of the following five (5) members:

(a) a Chairman who shall be a barrister with no fewer than five years post-

qualification experience;

(b) four other members including—
one person who shall be a public accountant registered or deemed to be registered under the Chartered Professional Accountants of Bermuda Act 1973;
one person who shall have a background in law enforcement or anti-money laundering or anti-terrorist financing or compliance issues;
one person who shall have a background in the tourism or hospitality industry.

Schedule 1 of the Act (“Constitution and Proceedings of Commission”) has effect with respect to the Commission, its members and its proceedings.

Current Members of the Commission (s. 7 of the Act):

Chairman: Mrs. Cheryl-Ann Mapp
Member: Mrs. Judith Hall-Bean (Deputy Chairman)
Member: Mr. Daniel Reece (public accountant)
Member: Mr. Jonathan Smith (law enforcement, AML/ATF compliance)
Member: Mr. Dennis Tucker (tourism/hospitality)

Current Employees of the Commission (s. 12 of the Act):

Chief Executive: Mr. Jean Major
Executive Administrator: Mrs. Deborah Trott
Chief Financial Officer: Mrs. Julie Grant
Business Analyst: Mr. Tyson Flood
Finance Assistance: Ms. Chelsea Todd
Director of Legal: Mrs. Charmaine Smith
Legal Assistant: Ms. Vanessa Richmond

Problem Gaming Council (s. 147 of the Act):

Director of Problem & Responsible Gaming: Mr. Roger Trott
Chairman: Mrs. Judith Hall-Bean
Member: Mr. Leslie Grant
Member: Dr. Sharon Apopa
Member: Mr. Kevin Monkman
Ex Officio Member: Mr. Roger Trott

Legislation (Acts, Amendment Acts, Regulations, Rules, Orders and Notices):

Anti-Terrorism (Financial and Other Measures) Act 2004
Betting Act 1975
Casino Gaming (Casino Fees) Regulations 2017
Casino Gaming (Casino Fees) Amended Regulations 2020
Casino Gaming (Casino Licence Application) Regulations 2017
Casino Gaming (Designated Site) Order 2016
Casino Gaming (Designated Site) (No.2) Order 2016
Casino Gaming (Designated Sites) Regulations 2016
Casino Gaming (General Reserve and Casino Taxes) Regulations 2017
Casino Gaming Act 2014 Commencement Day (No. 2) Notice 2015
Casino Gaming Act 2014 Commencement Day (No. 3) Notice 2015
Casino Gaming Act 2014 Commencement Day Notice 2015
Casino Gaming Act 2014 Commencement Day Notice 2017
Casino Gaming Act 2014
Casino Gaming Amendment Act 2015 Commencement Day Notice 2015
Casino Gaming Amendment Act 2015
Casino Gaming Amendment Act 2016 Commencement Day Notice 2017
Casino Gaming Amendment Act 2016
Casino Gaming Amendment Act 2017
Casino Gaming (Miscellaneous) Amendment Act 2019
Casino Gaming Regulations 2018 Public Inspection Notice 2018
Casino Gaming Regulations 2018
Casino Gaming Amendment Regulations 2019
Criminal Code Act 1907
Criminal Jurisdiction and Procedure Act 2015
Financial Intelligence Agency Act 2007
Liquor Licence Act 1974
Misuse of Drugs Act 1972
Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing Supervision and Enforcement) Act 2008
Proceeds of Crime Act 1997
Proceeds of Crime Amendment (No.2) Act 2016
Proceeds of Crime Amendment (No.3) Act 2017
Proceeds of Crime Amendment Act 2015
Prohibition of Gaming Machines Act 2001
St. George’s Resort Act 2015
St. George’s Resort Act 2018
Statutory Instruments (Second Schedule Amendment) Order 2018
Statutory Instruments Act 1977

Section B: 1) Functions, powers, duties of the Authority [s. 5(1)(b) PATI Act]

Part 1 of the Act provides for the Commission to receive and consider applications for the Minister to make an Order designating a site as an appropriate site for a casino.

Part 2, Chapter 2, of the Act sets out the objects, functions, duties and powers of the Commission.

Objects of the Commission (s. 8 of the Act):

to maintain and administer systems for the licensing, supervision and control of casinos to ensure:
that the management and operation of a casino is carried out by persons who are suitable (free from criminal influence or exploitation)
that gaming in a casino is conducted honestly
that the potential of a casino to cause harm to minors, vulnerable persons and society at large is contained and controlled
that it performs as necessary to fulfill the principal objects

Functions and duties of the Commission (s. 9 of the Act):

to do all things it is authorised or required to do under the Act;
to receive and consider applications for a licence to operate a casino;
to investigate the suitability of applicants for licences and issue a licence where appropriate;
to supervise, regulate and inspect the operations of casinos, the persons responsible for such operations, and the conduct of gaming within the casinos;
to ensure that the handling, collection, disbursement and counting of money within casino premises is supervised;
to detect offences committed within casino premises or in relation to casinos;
to receive and investigate complaints from casino patrons concerning the conduct of gaming in the casino;
to check casino records;
to inspect, test and approve gaming equipment and chips used in casinos;
to prepare reports to give to the Minister concerning the operation of casinos and the conduct of gaming;
to supervise casino operations and casino operators for the purpose of detecting or preventing money laundering, the financing of terrorism, the financing of the proliferation of weapons of mass destruction and to be alert to the risk that they may be used in connection with financial crime, and to the consequent need to have appropriate arrangements in place to monitor and control its incidence.
to manage, exchange, and control matters, and regulate transactions;
to make decisions regarding disciplinary action with respect to casino operators and special employees.

Powers of Commission (s. 10 of the Act):

The Commission may carry on such activities as appear to the Commission to be advantageous, necessary or expedient in connection with its objectives, the performance of its functions and the discharge of its duties under this Act, the Regulations, or any other law, including:

conduct investigations for the grant of licences or compliance with licence conditions;
require any person to furnish returns and information;
issue or approve codes of practice relating to casino operations;
publish educational materials or carry out research or other educational activities relating to casino gaming, or to support (financially or otherwise) the carrying out by others of such activities, or the provision by others of information or advice;
enter into such contracts as may be necessary or expedient for the purpose of performing its functions or discharging its duties;
acquire and hold property, for the provision or future provision of business premises for the Commission;
make provision for pensions, allowances or other benefits for employees or former employees of the Commission;
make provision for the specialized training of any employee of the Commission and, in that connection, to offer scholarships to intending trainees or otherwise pay for the cost of the training; and
furnish the Minister with information with respect to its property and activities as the Minister may, from time to time, require.

Section B: 2) Obligations under PATI Act [s. 5(1)(b) PATI Act]

To provide an Information Statement for the public and to promulgate it [s. 5];
To provide other information to the public so that the public needs only to have minimum resort to the use of PATI to obtain information [s. 6]. This includes:
General information, e.g. activities of the Authority
Log of all information requests and their outcome
Quarterly expenditure (upon request) [s. 6(5)]
Contracts valued at $50,000 or more.
To respond to information requests in a timely manner [ss.12-16];
To track information requests, and provide this data to the Information Commissioner;
To respond to requests from the Information Commissioner [s. 9];
To amend personal information held by the Authority that it is wrong or misleading following a written request by the person to whom the information relates [s.19];
To conduct an internal review if formally requested [Part 5];
To give evidence for review by the Information Commissioner [Part 6, s. 47(4)], or for judicial review [s. 49], if required;
To provide an annual written report to the Information Commissioner of the status of information requests [s. 58 (3)];
To do anything else as required under PATI and subsequent Regulations [ss. 59 & 60], including:
Fees for requests for information;
Management and maintenance of records;
Procedures for administering PATI;
To train staff and make arrangements so as to facilitate compliance with PATI [s. 61]; and
To designate one of its officers to be the person to whom requests are directed [s. 62].

Section C: Services [s. 5(1)(c) PATI Act]

The Casino Gaming Act 2014 was enacted to meet the challenge of enhancing investment, tourism and employment in Bermuda through the introduction of up to three (3) Integrated Resort Casinos. In order to ensure the orderly introduction and operation of these facilities, the Commission is empowered to satisfy the following five (5) goals in the execution of its duties

(r. 3 of the Casino Gaming Regulations 2018):

The owners, vendors, managers, employees, and sources of finance should be free from any inappropriate past or present associations and behaviours, and uphold high ethical standards;
The casinos should possess sound operational and financial controls;
The games offered should be fair, honest, and operate with a high level of security and integrity;
All fees, taxes, and related payments, should be appropriately accounted for and paid; and
Controls should be in place to protect the vulnerable.

In ensuring the achievement of the public policy goals of the Act in ways that are smart, economical, and efficient, Bermuda’s regulatory model is based on providing the following services:

To offer an approach that is appropriate to the social, cultural, and economic realities of Bermuda;
To offer a human resource policy of being staffed by a limited number of high-performance individuals comprising the regulatory leadership team;
To work in a collaborative fashion with other global regulatory entities to achieve efficiencies and avoid duplicative actions;
To utilize the expertise and services of third-parties for –
Forensic accounting for suitability of applicants;
Criminal & civil suitability investigations;
Compliance auditing assistance; and
Technological standards and testing.
To mandate the establishment of a casino operator’s Compliance Committee whereby –
The operator performs many tasks traditionally performed by the regulatory entity, with the Commission staff performing audits to ensure compliance; and
The Compliance Committee is required to report all compliance failures to the Commission staff.
To be less reliant on prescriptive regulations by:
Moving to risk-based methodologies;
Establishing stated goals and standards; and
Enhancing dependence on user defined internal controls.
To utilize an evidence-based best practices approach in developing a program to provide protections to the vulnerable, working in concert with existing treatment providers.

Section D: Records and documents held [s. 5(1)(d) PATI Act]

The files that are presently held by the Commission fall within the following classes:

Laws/Regulations
Application/approval/request for information forms related to casino licences;
Licences, approvals, orders, notices, technical standards, information bulletins related to casino licences and gaming vendors
Mission Statement
Vision Statement
Policy Documents
Work Plans
Business Plans
Workflow documents
Human Resource Documents;
Procedural Documents
Contracts
Financial Records;
Travel Records;
Meeting Minutes;
Annual Reports
NAMLC reports
PATI Information Request Log;
Communication & Correspondence
Confidential Information

Section E: Administration manuals [s. 5(1)(e)]

Team Member Handbook
Financial operations (payroll, controls and procurement) policies and procedures
Travel and subsistence policy
Data management procedures
Health and safety procedures
Covid procedures

Section F: Decision-making documents [s5(1)(f) PATI Act]

Laws and Regulations

Section G: The PATI Information officer [s. 5(1)(g) PATI Act]

The PATI Information Officer for the Bermuda Casino Gaming Commission is:

Mrs. Charmaine Smith

Director of Legal

1st Floor Crawford House

23 Church Street

Hamilton HM11.

Tel: 400 – 2108

Email: c.smith@bcgc.bm

Section H: Any Other Information [s. 5(1)(h) &(i) PATI Act]

As information becomes available it will be posted on the website at: https://www.bdacasinogaming.com/

Section I: Information Statement: Copies and Updates [ss. 5(2), (3), (4) & (5) PATI Act]

Every public authority shall update its information statement at least once a year and may do so more frequently.

Date Information Statement was updated: April 5th, 2021

A Notice has been published in the Gazette indicating the places where this Information Statement is available for the public which include the following locations:

Principal office: “Crawford House” 23 Church Street Hamilton HM11
The Bermuda National Library
The Bermuda Archives
Available electronically by request
Website of the Commission: https://www.bdacasinogaming.com/
With the Information Commissioner

Signed:

Dated: April 5th 2021

Charmaine Smith, Director of Legal

Information Statement

Notice Type: Government Notice
Notice Sub Type: Public Notification
Notice ID: GN0290/2021
Public Authorities / Department: Employee & Organizational Development
Publication Date: 01 April 2021

Bermuda

Public Access To Information (Information Statement) Department Of Employee &Amp; Organizational Development Notice 2021

GN / 2021

The Deputy Head of the Public Service who has supervision of the Department of Employee & Organizational Development, in exercise of the power conferred by section 6(6) of the Public Access to Information Act 2010, gives the following Notice:

Citation

This Notice may be cited as the Public Access to Information (Information Statement) Department of Employee & Organizational Development Notice 2021.

Deposit of information statement

Pursuant to the requirements of section 5 of the Public Access to Information Act 2010, notice is hereby given that the Department of Employee & Organizational Development information statements have been deposited for public inspection at—

the offices of the Department of Employee & Organizational Development;

the Bermuda Archives;

the Bermuda National Library; and

the Office of the Information Commissioner

and came into operation on 1 April, 2021.

Information statement available on website

The information statement mentioned in paragraph 2 is available at www.gov.bm/department/employee-organizational-development

Made this 1st day of April, 2021

_____________________________________

Mrs. Cherie-lynn Whitter

Deputy Head of the Public Service who has supervision of the Department of Employee & Organizational Development

List Of Proposed Planning Applications Advertised April 01, 2021

Notice Type: Government Notice
Notice Sub Type: Notification Of Planning Applications Registered
Notice ID: GN0289/2021
Public Authorities / Department: Planning
Publication Date: 01 April 2021

Government Of Bermuda

Department Of Planning

Dame Lois Browne‑Evans Building, 58 Court Street, Hamilton HM 12, Bermuda

Phone: (441) 295‑5151 Fax: (441) 295‑4100

Listing Of Plan Applications Registered (For Advertisement)

Applications registered April 1, 2021. This list was printed on April 1, 2021.

Objections to applications must be received within 14 days of the date advertised (April 15, 2021)

Summary of Application Details

The applications shown below are available for review on the EnerGov Customer Self Service Portal (https://planningenergov.gov.bm/EnerGov_Prod/SelfService#/home), or during normal working hours at the Department of Planning, 5th Floor, Dame Lois Browne Evans Building, 58 Court Street, Hamilton HM 12.

Letters of objection should state any interest which the objector(s) may have in property nearby, supply an address at which notice may be served on the objector(s), and provide a concise statement of the grounds of the objection.

For further information on the objection procedure see the Development and Planning (Applications Procedure)

Rules 1997.

Application Application #

Sandys

Doyle & Grenell Stocks P0142‑21

2 Tribe Road No 2

Sandys BM MA03

Proposed Conversion of an Existing Apartment into a Commercialized Sherbet Production

Facility

(Final Approval)

Southampton

Daniel Greenslade S0016‑21

6 Welcome Place

Southampton SN01

Create 3 Additional Lots (Total of 8 Lots)

(Final Approval)

Warwick

Nautilus Trust Nautilus Trust P0141‑21

88 South Road

Warwick WK08

Foreshore Revetment Works Including Repairs to Existing Cliff Face, Capping Slab, and

Saltwater Pool, 3 ft. High Chain link Fence with 4 ft. Self-Closing Gate, Handrails and New Pump

Room.

(Final Approval)

Pembroke

Harrichand Sukdeo P0133‑21

71 Pitts Bay Road

Pembroke HM08

New 8‑Storey Mixed‑Use Residential / Commercial Building (10 Residential Units)

(Final Approval)

Temporary Fundraising Licence – Home

Notice Type: Government Notice
Notice Sub Type: Public Notification
Notice ID: GN0288/2021
Public Authorities / Department: Registry General
Publication Date: 01 April 2021

The Charities Act, 2014

The persons named hereunder have been approved for Temporary Fundraising Licence T2111

Issued to home in accordance with the Charities Act 2014, section 43 (5)

The Temporary Fundraising Licence is issued for the period April 1, 2021 to July 1, 2021

Applicant Licensee and Custodian of the funds:

Arthur D. N. Wightman, Chairman
Sheena Young, Director
The Licensee and Custodian of the funds are required to submit to the Registrar a revenue and expense report detailing the sources and uses of the funds raised within two (2) months of the expiration of this Licence or no later than September 1, 2021.

Aubrey Pennyman

Registrar General

The official notices above have been republished from the relevant section on the official Government website. If you wish to view ‘hard copies’, the Department of Libraries & Archives prints them and you can visit the main library on Queen Street or the Government Archives in the Government Administration Building on Parliament Street to view them.

Official Govt & Legal Notices For April 1 2021

Related Stories

Read More About