Official Govt & Legal Notices For Feb 27 2023

February 27, 2023

The official Government and Legal notices for today [Feb 27] include boards appointments, acting appointments, Bermudian status and public notification.

Board Sandys Parish Council – Corrigendum To GNO221/2023

Notice Type: Government Notice
Notice Sub Type: Boards Appointments
Notice ID: GN0225/2023
Public Authorities / Department: Ministry Level
Publication date: 27 February 2023

The Minister of Youth, Culture and Sports is pleased to make the following appointments.

Sandys Parish Council – Corrigendum to GNO221/2023
Parish Councils Act 1971

Chairman – Ms. Dawn Simmons
Mr. George Cann
Mr. Makai Joell
Mr. Norbet Simmons
Ms. Aysia Stovell
Ms. Beverlyann Arorash
Ms. Candice Burrows
Ms. Myra Chase
Ms. Nicola Bromby
Ms. Patricia Dill-Chapman
Ms. Tia Tankard

Governor And Commander-In-Chief

Notice Type: Government Notice
Notice Sub Type: Acting Appointments
Notice ID: GN0224/2023
Public Authorities / Department: Government House
Publication date: 27 February 2023

Government Notice No.

Constitution Of Bermuda

In accordance with section 19[1] of the Constitution, Her Excellency the Governor has been pleased to appoint Mr. Tom Oppenheim MBE, Deputy Governor, to act as Governor and Commander-in-Chief from Thursday, 2 March, 2023 – Sunday, 12 March, 2023, or until the Governor’s return.

________________________________

Rena Lalgie

Governor

Board Bermuda Arts Council

Notice Type: Government Notice
Notice Sub Type: Boards Appointments
Notice ID: GN0223/2023
Public Authorities / Department: Ministry Level
Publication date: 27 February 2023

The Minister of Youth, Culture and Sports is pleased to make the following appointments.

Bermuda Arts Council
Bermuda Arts Council Act 1969

Chairman – Ms. Shanna Hollis
Dr. Jennifer Sajni O. Tolaram
Mr. Dwight Robinson
Mr. Michael Jones
Mr. Michael Walsh
Mr. Najib Chentouf
Mrs. Cindy Swan
Ms. Canjelae Taylor
Ms. Courtney Lopes
Ms. Juanae Crockwell
Ex-Officio – Director of Culture

Board Smiths Parish Council

Notice Type: Government Notice
Notice Sub Type: Boards Appointments
Notice ID: GN0222/2023
Public Authorities / Department: Ministry Level
Publication date: 27 February 2023

The Minister of Youth, Culture and Sports is pleased to make the following appointments.

Smiths Parish Council
Parish Councils Act 1971

Chairman – Dr. Lana Talbot
Mrs. Kalreta Conyers-Steede
Mrs. Louise Tannock
Mrs. Tanecia Barnett Burgess
Ms. Alexa Lightbourne
Ms. Desta Ascento
Ms. Joan Cabral
Ms. Marva Rabain
Ms. Michele Bean
Ms. Nina Jacobs
Ms. Shantori Fox
Ms. Zoleta Smith

Board Sandys Parish Council

Notice Type: Government Notice
Notice Sub Type: Boards Appointments
Notice ID: GN0221/2023
Public Authorities / Department: Ministry Level
Publication date: 27 February 2023

The Minister of Youth, Culture and Sports is pleased to make the following appointments.

Sandys Parish Council
Parish Councils Act 1971

Chairman – Ms. Dawn Simmons
Mr. George Cann
Mr. Makai Joell
Mr. Norbet Simmons
Mr. Rotimi Martins
Ms. Aysia Stovell
Ms. Beverlyann Arorash
Ms. Candice Burrows
Ms. Myra Chase
Ms. Nicola Bromby
Ms. Patricia Dill-Chapman
Ms. Tia Tankard

Board Hamilton Parish Council

Notice Type: Government Notice
Notice Sub Type: Boards Appointments
Notice ID: GN0220/2023
Public Authorities / Department: Ministry Level
Publication date: 27 February 2023

The Minister of Youth, Culture and Sports is pleased to make the following appointments.

Hamilton Parish Council
Parish Councils Act 1971

Chairman – Ms. Susan Paynter
Mr. Merkell C. D. Smith
Mr. Stanley Williams
Mrs. London Steede-Jackson
Ms. Dianne Hill
Ms. Esme Williams
Ms. Jane Bielby
Ms. Josephine Outerbridge
Ms. Leleath Bailey
Ms. Nena May Richardson
Ms. Sandy Butterfield

Board Paget Parish Council

Notice Type: Government Notice
Notice Sub Type: Boards Appointments
Notice ID: GN0219/2023
Public Authorities / Department: Ministry Level
Publication date: 27 February 2023

The Minister of Youth, Culture and Sports is pleased to make the following appointments.

Paget Parish Council
Parish Councils Act 1971

Chairman – Mr. William Pitman
Mr. Curtis Williams
Mr. Darren Booth
Mr. Jerome Reid
Mr. Michael Stovel
Mr. Nicholas Duffy
Ms. Angelika Davis
Ms. Davida Morris
Ms. Virginia DeSilva

Board Warwick Parish Council

Notice Type: Government Notice
Notice Sub Type: Boards Appointments
Notice ID: GN0218/2023
Public Authorities / Department: Ministry Level
Publication date: 27 February 2023

The Minister of Youth, Culture and Sports is pleased to make the following appointments.

Warwick Parish Council
Parish Councils Act 1971.

Chairman – Mr. Neville Tyrrell
Chairman – Mr. Paul Wilmont
Mr. Anthony Santucci
Mr. Marco Bortoli
Mrs. Rehanna Palumbo
Ms. Belinda Cameron
Ms. Carleen Place
Ms. Diamond Binns
Ms. Finote Hiwot
Ms. Jmaire Symonds
Ms. Malika Watson
Ms. Ria Mayes

Board Pembroke Parish Council

Notice Type: Government Notice
Notice Sub Type: Boards Appointments
Notice ID: GN0217/2023
Public Authorities / Department: Ministry Level
Publication date: 27 February 2023

The Minister of Youth, Culture and Sports is pleased to make the following appointments.

Pembroke Parish Council
Parish Councils Act 1971

Chairman – Ms. Betty Ann Caesar
Dr. Beverlyann Taylor
Mr. Randolph DeShield
Mr. Vance Hollis
Ms. Andria Furbert
Ms. Apryl Jackson
Ms. Betty Dale
Ms. Beverley Hayward
Ms. Deanna DeShield
Ms. Jalen Means
Ms. Kaijay Davis
Ms. Pam Wade

Permanent Resident’s Certificate – PRC 31B

Notice Type: Government Notice
Notice Sub Type: Permanent Resident Certificate – PRC 31B
Notice ID: GN0216/2023
Public Authorities / Department: Immigration
Publication date: 27 February 2023

Notice is hereby given that application has been made to the Minister of Economy and Labour, by the following person[s] for the grant of a Permanent Resident’s Certificate, under the provisions of section 31B of the Bermuda Immigration and Protection Act, 1956, [viz: were ordinarily resident in Bermuda for the period of ten [10] years immediately preceding application; are of good conduct and character; are at least eighteen[18] years of age; are either: a] the son or daughter of a person who was granted a permanent resident’s certificate and is above the upper limit of compulsory school age or b] the spouse of a person who was granted a permanent resident’s certificate.

Fernandes, Joyceline Betty, Furbert Estate, Apt No. 3, 5 Court Street, City of Hamilton HM 17

N.B. Any person who knows if any of the above provisions have not been fulfilled, or why a Permanent Resident’s Certificate should not be granted to the applicant[s], should send a written statement to the Chief Immigration Officer, Department of Immigration, P.O. Box HM 1364, Hamilton HM FX no later than the 10 March, 2023.

Bermudian Status – Section 19A [Widow]

Notice Type: Government Notice
Notice Sub Type: Bermudian Status – Section 19A
Notice ID: GN0215/2023
Public Authorities / Department: Immigration
Publication date: 27 February 2023

Notice is hereby given that application has been made to the Minister of Economy and Labour by the following person[s] for the grant of Bermudian status under the provisions of section 19A of the Bermuda Immigration and Protection Act, 1956, [viz: has been married to the same Bermudian for ten [10] continuous years, during that marriage has been ordinarily resident in Bermuda for seven [7] years, the last two [2] years of which must be continuous to the date of application; has been living together with his/her Bermudian spouse as husband and wife continuously for the two [2] years immediately preceding his/her application; and is of good character and conduct.]

Jolliffe, Margaret Rachel, 4 Old Rectory Lane, Pembroke HM 06

N.B. Any person who knows if any of the above provisions have not been fulfilled, or why Bermudian status should not be granted to the applicants, should send a written statement to the Chief Immigration Officer, P.O. Box 1364, Hamilton HMFX, no later than 10 March, 2023.

Bermudian Status – Section 19A

Notice Type: Government Notice
Notice Sub Type: Bermudian Status – Section 19A
Notice ID: GN0214/2023
Public Authorities / Department: Immigration
Publication date: 27 February 2023

Gil De Dears, Maura Rissi, 13 Southcourt Avenue, Paget PG 06

China Education Limited Restored To The Register

Notice Type: Government Notice
Notice Sub Type: Public Notification
Notice ID: GN0213/2023
Public Authorities / Department: Registrar of Companies
Publication date: 27 February 2023

Registrar Of Companies

No. _____________

Whereas, China Education Limited was included on a list of companies and struck off the Register of Companies effective October 6, 2021 pursuant to section 261 of the Companies Act 1981.

I, The Registrar of Companies, Hereby Give Notice to all concerned that, China Education Limited has been restored to the Register and as such is deemed to have continued in existence as if its name had never been struck off pursuant to section 261 [6] of the Companies Act 1981.

Kenneth Joaquin

Registrar Of Companies

February 24, 2023

Board Treatment Of Offenders Board [Amended]

Notice Type: Government Notice
Notice Sub Type: Boards Appointments
Notice ID: GN0212/2023
Public Authorities / Department: Ministry Level
Publication date: 27 February 2023

The Minister of National Security is pleased to make the following appointments.

Treatment Of Offenders Board [Amended]
Treatment of Offenders Board Act 1979

Chairman – Mrs. Komeiko Roberts
Deputy Chairman – Mr. Paul Wilmot JP
Mr. Cleveland Foggo
Mr. Delano Bulford
Mr. Dwayne Hassell
Mr. Glenn Woods
Mr. Michael Sandiford
Mr. Vance Hollis
Mr. Victor Roach
Mr. Wayne Anthony Darrell
Ms Charlene Webb
Ms. Crystal Dill

Board E-Commerce Advisory Board

Notice Type: Government Notice
Notice Sub Type: Boards Appointments
Notice ID: GN0211/2023
Public Authorities / Department: Ministry Level
Publication date: 27 February 2023

The Minister of Economy and Labour is pleased to make the following appointments.

E-Commerce Advisory Board
Electronics Transactions Act 1999

Chairman – Mr. Lorenzo Burch
Mr. Christopher Burns
Mr. Edgar Dill
Mr. Geoff Scott
Mr. Henrik Kundsen
Mr. Jerome Wilson
Mr. Lynden Row
Mr. Noreco Burgess
Ms. Coral Wells
Ms. Jamila Lodge
Ms. Nevine Lewis
Ex-Officio – Director of EDD
Ex-Officio – Financial Secretary or his nominee
Ex-Officio – PATI/PIPA Unit

Chief Information Officer Ms. Jonelle Steede

Notice Type: Government Notice
Notice Sub Type: Acting Appointments
Notice ID: GN0210/2023
Public Authorities / Department: Information and Digital Technologies
Publication date: 27 February 2023

Government Notice No.

Acting Appointment

Chief Information Officer,

Department Of Information And Digital Technologies

Cabinet Ministry

Ms. Jonelle Steede, Senior Manager, Administration & Training, Department of Information and Digital Technologies, has been appointed to act as Chief Information Officer, Department of Information and Digital Technologies from the 14th March to 24th March, 2023 inclusive.

Derrick S. Binns, JP, Ph.D

Secretary to the Cabinet/Head of the Civil Service

Consultation Paper

Notice Type: Government Notice
Notice Sub Type: Public Notification
Notice ID: GN0209/2023
Public Authorities / Department: Registry General
Publication date: 27 February 2023

For Gazetting

Consultation Paper: Review of the Exemption Provided to Privately Funded Charities

Notice Type: Government Notice

Notice Sub Type: Public Notification

Notice ID:

Public Authorities/Department: Registry General

Publication date: 22 February 2003

“The Registry General has prepared a consultation paper following its review of the eligibility criteria for exemptions afforded to privately funded charities. The department is seeking stakeholder feedback on proposed legislative amendments which may impact the services provided to privately funded charitable entities. Corporate Service Providers are encouraged to provide feedback by 10 March 2023.

Consultation Paper

Review of the Exemption Provided to Privately Funded Charities

Introduction

The Registrar General, Mr. Aubrey Pennyman, is undertaking a review of the adequacy of the eligibility requirements for the exemptions afforded to privately funded charities, as prescribed in section 18[4] of the Charities Act 2014.

The Financial Action Task Force [hereinafter ‘FATF’] is the international standard setting body for the purposes of combatting money laundering [ML], terrorist financing [TF] and proliferation financing [PF]. Recommendation 8 in the FATF Standards deals with non-profit organisations ["NPOs"], described in Bermuda law as charities. Recommendation 8 states:-

“Countries should review the adequacy of laws and regulations that relate to non-profit organisations which the country has identified as being vulnerable to terrorist financing abuse. Countries should apply focused and proportionate measures, in line with the risk-based approach, to such non-profit organisations to protect them from terrorist financing abuse including:

by terrorist organisations posing as legitimate entities;
by exploiting legitimate entities as conduits for terrorist financing, including the purpose of escaping asset-freezing measures; and
by concealing or obscuring the clandestine diversion of funds intended for legitimate purposes to terrorist organization.
The objective of this Recommendation is to ensure that NPOs are not misused by terrorist organisations, and that the supervision of NPOs is proportionate and in line with the risk-based approach.

FATF has adopted a functional definition of NPOs to mean “a legal person or arrangement or organization that primarily engages in raising or distributing funds for purposes such as charitable, religious, cultural, educational, social or fraternal purposes, or for the carrying out of other types of ‘good works’.”

FATF recognizes that NPOs play a vital role in the world economy and in many national economies and social systems. However, there have been instances where terrorists create sham charities or exploit legitimate entities through diversion of their resources, in order to finance terrorism. Measures to protect NPOs from potential terrorist financing abuse should be targeted and in line with the risk-based approach.

The Proposal

The Registrar General has proposed that privately funded charities [hereinafter ‘PFC’] who engage the services of a licensed corporate service provider [hereinafter ‘CSP’] and who apply for an exemption from registration pursuant to section 18[4] of the Charities Act 2014 [hereinafter “the Act”] must be required at the time of application, to submit a copy of the service agreement which sets out the level of service the CSP will provide to the PFC. The PFC will also be required to submit to the Registrar General’s supervision, should the level of service provided by the CSP to the PFC be found to fall below the minimum standards required to enable the PFC to comply with the legal duties set out in the legislation governing charities in Bermuda.

In line with Recommendation 8, the Registrar General is reviewing the eligibility requirement for exemptions afforded to PFCs due to their engagement of a CSP [section 18[4][b]]. The goal is to ensure that the compliance requirements executed by CSPs to exempt PFCs, will extend to the administration of the PFC’s charitable works and will be in line with FATF requirements in Recommendation 8. If the level of service provided by a CSP to a PFC does not meet this minimum standard, then the PFC should not be eligible for exemption from registration, and should thus be subject to the Registry General’s direct supervision.

Accordingly, amendments are proposed to section 18[4][b] and any other relevant provisions in the Act or Regulations, to:

specify a minimum level of service necessary for eligibility to exemption on the basis of the engagement of a licensed CSP;
mandate that PFCs seeking exemption based on section 18[4][b] provide evidence of the level of service that the CSP in question is contracted to provide, and for what period; and
empower the Registrar General to determine whether a PFC qualifies for exemption and to make decisions accordingly; and to impose reasonable conditions as a term of any exemption granted, depending on the duration of the service agreement between the PFC and the CSP, or the level of service the CSP is contracted to provide.
The initiative is the subject of consultation with key stakeholders including:

Corporate Service Providers
The deadline for feedback from the above stakeholders is 10th March 2023.

The Rationale

The reason for this initiative is to ensure that Bermuda continues to meet its obligations as required by the FATF in Recommendation 8, in relation to all charities in Bermuda that satisfy the FATF’s definition of an NPO.

The Registrar General has initiated a review of the exemption afforded to PFCs under the Act. In 2018 amendments were made to the Act to provide an exemption from registration to PFCs, if they are associated with either a CSP or a licensed trust service provider [hereinafter ‘TSP’]. At the time it was intended that exemption should be afforded to PFCs whose charitable operations are administered by either a licensed trustee or by a licensed CSP.

Currently, charities that satisfy the criteria set out in section 3 and 4 of the Act must be registered under section 17, even if they are privately funded, unless the charity can demonstrate it satisfies the conditions to qualify for an exemption as set out in section 18[4] of the Act.

Section 18[4] provides:-

A charity is exempted from registration if it is privately funded, and-
in the case of a trust, at least one of the trustees is licensed under the Trusts [Regulation of Trust Business] Act 2001;
in the case of a company or other legal person, it has a registered office with and is subject to compliance by a person licensed under the Corporate Service Provider Business Act 2012 with respect to applicable laws, regulations or other requirements.”
Due to the nature of the fiduciary relationship that exists between a PFC that is a trust, and its trustee who is a licensed TSP, the Registrar General is satisfied with the level of oversight and due diligence provided to the PFC by the TSP, by virtue of the requirements imposed by their license. The trustee of the PFC in this context, is directly responsible for the administration of the PFC’s charitable activities. The Registrar General has therefore determined that an exemption in accordance with section 18[4][a] is suitable for PFCs who have a licensed TSP as their trustee.

However, in relation to the exemption afforded by section 18[4][b], the Registrar General has some concerns that the current framework may be deficient, insofar as it allows an exemption to be granted without exception, whenever a CSP has been engaged by a PFC. As currently worded, section 18[4][b] does not require administration of the PFC’s charitable operation by the CSP as the level of service necessary to justify the exemption. While any CSP engaged by a PFC is obliged to subject the PFC to compliance requirements in accordance with their license,[1] these compliance requirements may not include practices equivalent to those expected of registered charities under the Charities Act, if the level of service provided by CSP to the PFC does not include administration of the PFC’s charitable operations. The Registrar General now understands that the level of service provided by CSPs to their clients is solely dependent on the terms of their service level agreement.

In light of the above, the Registrar General is of the view that a review of the service level agreement between the PFC and CSP at the application stage, will enable the Registrar General to determine whether the level of service provided by the CSP includes a level of administration which will enable the charitable operations of the PFC to be subject to appropriate anti-money laundering and anti-terrorist financing controls equivalent to those required by the FATF in Recommendation 8. These requirements are prescribed in the Charities [Anti-Money Laundering, Anti-Terrorist Financing and Reporting] Regulations 2014.

At present, it is possible that a PFC can qualify for exemption from registration by virtue of section 18[4][b], while the CSP it has engaged provides only nominal services that do not touch nor concern the administration of the charitable operations. This is an untenable circumstance which is antithetical to the risk-based approach for charities. Bermuda must have a good understanding of its terrorist financing risks, including in relation to charities; and must take appropriate and proportionate actions to mitigate those risks, including measures that prevent the raising, moving and use of funds by terrorist, terrorist organisation and terrorist financiers through NPOs, and prevent abuse of the NPO sector. A PFC that is exempt from registration is not subject to the Registrar General’s direct oversight, which includes monitoring for exposure to TF risk. If an exempt PFC is also not subject to administration of their charitable operations by a licensed service provider, then this exponentially increases the risk that appropriate mitigations will be absent or deficient to prevent their abuse by terrorists or terrorist financiers. It also greatly diminishes the ability of the Registry General to acquire knowledge about the risk to such PFCs – whether directly from the PFC, or indirectly from the supervisor of their licensed service provider.

Bermuda’s Statutory Regime regarding PFCs

Charities Act 2014

The Act sets out the requirements for registration of both publicly funded and privately funded charities. Section 17A of the Act requires PFCs to notify the Registrar of its establishment and indicate whether the charity is exempt from registration.

Charities [Anti-Money Laundering, Anti-Terrorist Financing and Reporting] Regulations 2014

The Charities [Anti-Money Laundering, Anti-Terrorist Financing and Reporting] Regulations 2014 set out the legal duties and requirements a charity’s trustees must comply with. These responsibilities include carrying out due diligence and monitoring in relation to the charity’s involvement with external bodies and individuals. The regulations reflect the level of oversight the Registrar General expects from both TSPs and CSPs in relation to PFCs.

Conclusion and Next Steps

We are seeking the cooperation of industry stakeholders to review this Consultation Paper. Should you have any observations concerning the proposal you may provide written comments and feedback no later than 10th March 2023 to either of the addresses below:

i. Via mail: Registrar General

Registry General

Government Administration Building 30 Parliament Street

Hamilton, HM 12

ii. Via e-mail: charitabletrustinfo@gov.bm”

Aubrey Pennyman

Registrar General

[1] In all cases where a CSP is engaged the PFC becomes a customer of the CSP. The CSP’s statutory obligations under the Corporate Service Provider Business Act 2012 and the Proceeds of Crime [AML/ATF] Regulations 2008 are thus triggered, requiring a full range of due diligence enquires on the customer. This would meet the requirement of section 18[4][b] of the Charities Act, namely that the PFC is “subject to compliance by a person licensed under the Corporate Service Provider Business Act 2012 with respect to applicable laws, regulations or other requirements”

Assistant Justice Mr. Jeffrey Elkinson

Notice Type: Government Notice
Notice Sub Type: Acting Appointments
Notice ID: GN0208/2023
Public Authorities / Department: The Judiciary
Publication date: 27 February 2023

Government Notice No. _______

Acting Appointment

Judicial Department

Her Excellency, The Governor, after consultation with the

Chief Justice, has approved the appointment of Mr. Jeffrey Elkinson

Barrister & Attorney to act as Assistant Justice in accordance with section 73[6] of the Bermuda Constitution for the following matter:

Bermuda Healthcare Services Ltd. and Brown Darrell Clinic v Tuviere Ideh 2022/24 app. for the period 22 February 2023, until this matter is complete

Dated this day of 2023

Governor

Rena Lalgie

Board Nursing Profession Complaints Committee

Notice Type: Government Notice
Notice Sub Type: Boards Appointments
Notice ID: GN0207/2023
Public Authorities / Department: Ministry Level
Publication date: 27 February 2023

The Minister of Health is pleased to make the following appointments.

Nursing Profession Complaints Committee
Nursing Act 1997

Chairman – Ms. Karen R. Grant-Simmons
Ms. Irena Ashton
Mr. Javone Rogers LLB
Alternate-Member – Mr. Michael J. Nisbett
Alternate-Member – Ms. Lacie Williams-Hill

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 Feb 27 2023

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