Official Govt & Legal Notices For Jan 8 2025

January 8, 2025 | 0 Comments

The official Government and Legal notices for today [Jan 8] include proclamation, public notification, acting appointments and notice of intended marriage.

Proclamation [Dissolution of the Legislature] January 2025

Notice type: Government Notice
Notice sub type: Proclamation
Notice ID: GN0019/2025
Public Authorities / Department: Government House
Publication date: 08 January, 2025

By Her Excellency Ms. Rena Lalgie, Governor and Commander-in-Chief in and over Bermuda

Proclamation [dissolution of the Legislature] January 2025 [PDF]

PATI Information Statement Economic Development Department

Notice type: Government Notice
Notice sub type: Public Notification
Notice ID: GN0018/2025
Public Authorities / Department: Economic Development
Publication date: 08 January, 2025

Government Of Bermuda

The Economic Development Department

PATI Information Statement

Name of Public Authority: Economic Development Department [EDD]

Introduction:

The general purpose of the Public Access to Information [Bermuda] Act 2010 [the Act] is to:

Give the 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;

Increase transparency, and eliminate unnecessary secrecy, with regard to information held by public authorities;

Increase the accountability of public authorities;

Inform the public about the activities of public authorities, including the manner in which they make decisions; and

Have more information placed in the public domain as a matter of routine.

Every public authority is required to have an information statement under the Act. This information statement provides the public a description of the Economic Development Department and its functions and structures, a summary of services, and descriptions of the classes of records held. Brief summaries of administrative manuals, policies, rules and guidelines are also provided.

Under the Act, Bermudians and Bermuda residents have the right to request and have access to any record held by a public authority, other than an exempt record. Some records fall within Part 4 of the Act, such as information received in confidence pursuant to Section 26 and information related to the deliberative process pursuant to Section 29. Therefore, not all records can be accessed. This information statement clarifies these categories of information where required.

Section A: Structure, Organization and Legislation [s5[1]a]

Mission :

The Mission of the EDD is to advance the sustainable growth, development and diversification of Bermuda’s economy.

Objectives:

It will do so by achieving the following objectives:

- Facilitate, create, and implement policies to support the Government Economic Recovery Plan.

- In collaboration with industry stakeholders, position Bermuda as an ideal test market for innovative product and industry development.

- Analyse innovative developments and trends through research and stakeholder engagement.

- Identify the jurisdiction’s market fit, clearly communicate its message and drive opportunities that lead to economic activity.

- Identify, develop and implement policy and legislative initiatives that generate industry confidence.

Organisational Chart:

The Department is divided into five sections which each has its own functions and services as follows:

Business Services Division: Solidifies relationships with inbound interest as guided by the Economic Development Strategy. It is also responsible for:

- the Incentives for Job Makers and the Alien Land Licensing processes.

- Communications, Education and Compliance initiatives.

- the Approved Residential Scheme.

Concierge Services and Engagement Division: Provides concierge services to Bermuda’s inbound investors by streamlining and expediting government processes.
Research, Legislative Support Division: Assists with public and private legislative initiatives that are intended to improve the Government’s product and service offerings.

Legislation:

Electronic Transactions Act 1999
The Standard for Electronic Transactions 2000
Economic Development Act 1968
Bermuda Immigration and Protection Act 1956
Bermuda Immigration and Protection [Land-Holding Charges] Regulations 2007
Bermuda Immigration and Protection [Licence Applications] Regulations 2007
Bermuda Immigration and Protection [Minimum Annual Rental Values] Regulations 2008
Bermuda Immigration and Protection [Rental and Use] Regulations 2007
Bermuda Immigration and Protection [Tourist Accommodation and Hotel Residences] Regulations 2010
Bermuda Immigration and Protection [Territorial Restrictions] Regulations 2007

The EDD is also subject to any and all laws that apply to the Government generally.

Section B: 1] Functions, powers, duties of the Authority [s5[1]b]

The EDD aims to create new economic pillars in Bermuda, starting with the identification of new opportunities for economic diversification and subjecting them to structured analysis and research. Once areas have been identified and agreed upon, the EDD seeks local and overseas investment to develop new local industry, aiming to create jobs in Bermuda[1].

The Director of the EDD reports to the Permanent Secretary for the Ministry of Economy and Labour.

Decisions made in the EDD are based on research, stakeholder feedback, industry needs, partnerships, and departmental objectives set out by the Ministry of Economy and Labour. They are guided by Government processes and procedures and by relevant codes of conduct.

Some of the EDD’s core functions are specifically focused on activities related to international business. As such, the EDD assists with the following functions:-

Legislative Change –To position Bermuda as a globally-recognised, business-friendly jurisdiction. The EDD initiates innovative legislative initiatives to create an environment that is conducive to the growth and diversification of corporate products and services. Through active collaboration with industry focus groups, such as the Bermuda Business Development Agency, and engagement with industry stakeholders, government departments, and the Bermuda Monetary Authority, the EDD aims to drive progressive legislative change and elevate Bermuda’s status as a preferred jurisdiction for international business.

Intelligence Gathering and Reporting – The EDD reports to the Minister of Economy and Labour and the Permanent Secretary on matters that either impact or have the potential to impact Bermuda’s economy. The EDD also supports the work of the E-Commerce Advisory Board [ECAB], a statutory board created under the Electronic Transactions Act 1999 [ETA] and intended to advise the Minister about matters relating to e-commerce in Bermuda. ECAB delivers reports to the Minister responsible for e-commerce.

Government Liaison for BDA – The Director of the EDD serves as the Government liaison to the BDA and is a member of the BDA board. The EDD assists the BDA as needed with regards to sharing information and facilitating communication between the BDA and various government entities.

Concierge Services & Engagement – The EDD provides a Concierge Service for international companies considering registering a business in Bermuda. The EDD serves as the principle point of contact to assist companies with Government-related issues [work permit questions, Companies Act 1981 approvals, tax queries, applications for company registrations, etc.] The EDD also enables expedited processing of applications for business registrations, work permits, payroll tax and social insurance accounts.

The EDD also facilitates meetings with Government departments and officials to ensure that parties interested in Bermuda are informed of applicable policies and procedures and that the Government is properly informed of any proposed business activities.

Other Projects related to Economic Development – The EDD may, from time to time, be tasked with projects intended to stimulate job creation and economic development in Bermuda.

Section B: 2] Obligations under PATI Act [s5[1]b]

To provide an information statement for the public and promulgate it [s5],

To provide other information to the public so that the public needs only to have minimum resort to the use of the Act to obtain information [s6]. This includes:

General information, e.g. activities of the Authority

Log of all information requests and their outcome

Quarterly expenditure [upon request] [s6[5]]

Contracts valued at $50,000 or more.

To respond to information requests in a timely manner [s12-16]

To track information requests, and provide this data to the Information Commissioner

To respond to requests from the Information Commissioner [s9]

To amend personal information held by the Authority that is wrong or misleading following a written request by the person to whom the information relates [s19]

To conduct an internal review if formally requested [part 5]

To give evidence for review by the Information Commissioner [part 6, 47[4]], or for judicial review [s49], if required

To provide an annual written report to the Information Commissioner of the status of information requests [s58 [3]].

To do anything else as required under the PATI Act and subsequent Regulations [s59, 60], including:

Fees for Requests for information

Management and maintenance of records

Procedures for administering the Act

To train staff and make arrangements so as to facilitate compliance with the Act [s61]

To designate one of its officers to be the person to whom requests are directed [s62]

Section C: Services and Programmes [s5[1]c]

The scope of activities, services and programmes offered by the EDD is wide and varied and includes the following:

Legislative change

Intelligence gathering, analysis and reporting

Concierge Services

Alien Land Licences

Incentive for Job Makers

Tech and Fintech education and training programmes

Communication

Tech and Fintech conferences and events

Grant to local organisations whose work is aligned with the EDD’s

Section D: Records and documents held [s5[1]d]

Information contained within the EDD

Administrative Records

Accounts

Vendors

Acting Appointments

Budget

Business Plan

Contracts

Vendors

Consultants

Grant recipients

Document Management

Purchase Orders

Payments to vendors

Journals [Revenue and Virements]

Policy

Templates and Documents

Vacation and Sick Leave

Payroll

Increment Reports

Monthly

Weekly

Staff File

Applications and approvals for acting, and temporary relief staff and consultants.

Job Descriptions

Recruitment

Relief

Secondments/ Re-assignments

Security Vetting

Staff Files

Interns

Travel

Work Permits

Performance management documents for full-time staff.

Safety and Health Reports [Findings and Recommendations of the Health and Safety Officer]

Annual budget Briefs which describe the activities of the Department the previous year and supports the proposed budget for the next year.

Government Agreements

Operational Records

N/A

Classes of Information generally not included as per exemptions under the Public Access to Information [Bermuda] Act 2010:

Health or safety: where disclosure would endanger the physical or mental health or the safety of an individual

Information received in confidence

Cabinet Memoranda and Conclusion documents

Ministerial responsibility: where disclosure of records could undermine free and frank discussion and advice between Ministers, or between Ministers and public officers, in the course of their public duties

Deliberations of public authorities: where disclosure could undermine free and frank discussion and advice during the course of the deliberative process

Operations of public authorities: where disclosure could prejudice the effectiveness of operations of public authorities

Records for which disclosure could have an adverse effect on the financial and economic interests of Bermuda

National security, defense and international relations [e.g. Bermuda Regiment Aide Memoirs, Standard Operating Procedures]

Governor’s responsibilities and communications with the United Kingdom

Law enforcement records: where disclosure of certain types of information would prejudice law enforcement efforts or would endanger a person’s life or safety

Legal professional privilege: where disclosure of records would be exempt from production in legal proceedings on the basis of legal professional privilege

Records for which disclosure would be in contempt of court or a breach of parliamentary privilege

Disclosure prohibited by other legislation

Legislative amendments working files

Audit – EDD compliance audit records of customers in relation to concierge or business development matters.

Section E: Administration [all public access] manuals [s5[1]e]

List and description of all administrative manuals/guidelines used by employees for administering or carrying out activities:

Budget Process

Cabinet Memoranda

Recruitment and Employment of Staff

Employment Act 2000

Conditions of Employment and Code of Conduct [CECC]

BPSU Collective Bargaining Agreement

Bullying and Harassment Policy

Training manuals and notes

Financial Instructions

Project Management and Procurement Code of Practice

Writing Cabinet Memoranda, guidance document

Policy to Law, guidance document

Private Act Procedure, guidance document

Making Public Policy Happen, guidance document

Election Guidance Notes for Public Officers Servicing the Government of Bermuda

Guidance for PATI procedures

Section F: Decision-making documents [s5[1]f]

List and description of all policies and guidelines for decision-making in respect to any person:

Major Policy proposals and decisions:

Electronic Transactions Act 1999

The Standard for Electronic Transactions 2000

Economic Development Act 1968

Bermuda Immigration and Protection Act 1956

Bermuda Immigration and Protection [Land-Holding Charges] Regulations 2007

Bermuda Immigration and Protection [Licence Applications] Regulations 2007

Bermuda Immigration and Protection [Minimum Annual Rental Values] Regulations 2008

Bermuda Immigration and Protection [Rental and Use] Regulations 2007

Bermuda Immigration and Protection [Tourist Accommodation and Hotel Residences] Regulations 2010

Bermuda Immigration and Protection [Territorial Restrictions] Regulations 2007

BDA Law Reform Proposals

Public Consultations:

Legislation

Minutes of Meetings:

ECAB Meetings

Technical Officers for the Joint Select Committee on Private Bills

d] Current policy documents of the Government and applicable laws of Bermuda.

e] Public Service disciplinary documents and decisions.

f] Reports of Government client projects [forming the foundation of Cabinet Memoranda].

Section G: The Information Officer [s5[1]g]

Requests for information shall be in writing and directed to the Information Officer for the Economic Development Department:

Maryem Biadillah, MBA

Senior Manager

Economic Development Department

1st Floor, Sofia House

48 Church Street, Hamilton HM 12

PO Box HM2280

Hamilton HMJX

Telephone Number: 1 [441] 533-2015

Email address: mbiadillah@gov.bm

Section H: Any Other Information [s5[1]h]

The EDD does not make decisions regarding entities applying to conduct business in Bermuda.

Section I: Any Other Information To be Provided? [s5[1]i]

N/A

Section J: Information Statement: Copies and Updates [s5[2,3,4,5]]

Every public authority shall update its information statement at least once a year, and make it available for inspection by the public at reasonable times by [s5[1-5], PATI Act]:

Date Information Statement was updated: 31 December 2024

Locations of Information Statement: Confirmed copies of Information Statement are available at the following sites:-

The EDD’s principal office:
Economic Development Department

1st Floor, Sofia House

48 Church Street, Hamilton HM 12

The Bermuda National Library;
The Bermuda Archives;
Available electronically, email: mbiadillah@gov.bm
Website for public authority https://www.gov.bm/department/economic-development-department
Economic Development Home Page [https://www.gov.bm/department/economic-development-department ]
In the Gazette indicating the places where the information statement is available for the public; and
With the Information Commissioner.

Maryem Biadillah, Senior Manager

31 December 2024

PATI Information Statement The E-Commerce Advisory Board

Notice type: Government Notice
Notice sub type: Public Notification
Notice ID: GN0016/2025
Public Authorities / Department: Non Ministry
Publication date: 08 January, 2025

Bermuda Government

The E-Commerce Advisory Board

PATI Information Statement

Name of Public Authority: E-Commerce Advisory Board [ECAB]

Introduction:

The general purpose of the Public Access to Information [Bermuda] Act 2010 [the Act] is to:

Increase transparency and eliminate unnecessary secrecy with regard to information held by public authorities;

Increase the accountability of public authorities;

Inform the public about the activities of public authorities, including the manner in which they make decisions; and

Have more information placed in the public domain as a matter of routine.

Nevine Lewis, Chair

Every public authority is required to have an information statement under the Act. This information statement provides the public with a description of the E-Commerce Advisory Board and its functions and structures, a summary of services, and a description of the classes of records held. Brief summaries of administrative manuals, policies, rules and guidelines are also provided.

Section A: Structure, Organization and Legislation [s5[1]a]

The E-Commerce Advisory Board [ECAB] is a statutory Board that was created under the Electronic Transactions Act 1999 [ETA] and intended to advise the Minister about matters relating to e-commerce in Bermuda.

Ecommerce Advisory Board Members, 2024 [Notice 22 February 2024 ID GN0192/2024]

Lorenzo Burch, Deputy Chair
Chris Burns
Edgar Dill
Geoff Scott
Henrik Knudsen – Resigned 21 November 2024
Jerome Wilson
J’Von Furbert
Noreco Burgess
Richard Lau
Jamillah Lodge
EDD, Ex-Officio
Ministry of Finance, Ex-Officio.

Upon gazetting, each ECAB member signs both:

A Declaration of Interest Form, and
A Letter of Appointment.

Legislation: Under Section 30 of the ETA, there is a provision for the E-Commerce Advisory Board [ECAB].

Section B: 1] Functions, powers, duties of the Authority [s5[1]b]

ECAB advises the Minister to allow the function of the ETA to be fulfilled.

ECAB also advises the Minister on any matter referred to it by the Minister or of its own initiative.

The Minister appoints ECAB members by notice published in the official Gazette. ECAB consists of no fewer than five and no more than 11 persons who are knowledgeable about information and communication technologies [ICT].