Bermuda Government

03 Dec 2013

Jennifer Haworth

SAGE Commission [report cover]The SAGE Commission

The Spending and Government Efficiency Commission (the “SAGE Commission”), an election platform item for the One Bermuda Alliance (“OBA”), was created in the first quarter of 2013 following on from Bermuda’s national election last year in which the OBA emerged as the new governing party. The OBA had indicated during their election campaign that if they were successful, one of their early objectives would be to establish the SAGE Commission with a view to making the Bermuda Government more efficient, cost effective and transparent in light of the economic challenges currently being faced.
14:53 / Bermuda Government
02 Dec 2013

Agathe Holowatinc
The One Bermuda Alliance Government has promised to continue to make revitalisation of the Bermuda economy its primary focus as it enters its second year in power. The promise featured prominently in Government’s Throne Speech (777 KB PDF) which marked the beginning of a new session of the Bermuda Legislature, and in which the one year old Government set out its plans for the forthcoming parliamentary year that began in early November.
17:28 / Bermuda Case Law & Legislation / Bermuda Government
27 Nov 2013

The recent Supreme Court decision of The Bermuda Ombudsman v Corporation of Hamilton et al (420 KB PDF) [2013] SC (Bda) 72 Civ. which was handed down on 7 October 2013, sheds light on the authority that is vested in the office of the Ombudsman (the “Ombudsman”) and the weight that a summons issued by the Ombudsman has. The Ombudsman is a statutory body whose powers devolve from the Ombudsman Act 2004 (the “Act”).  The Ombudsman’s main jurisdictional function is to investigate maladministration on behalf of a public authority (section 5 of the Act).
17:02 / Bermuda Case Law & Legislation / Bermuda Government
20 Jun 2013

-A non-Bermudian can only buy a property in Bermuda if they have acquired a licence to do so. This involves applying to the Minister of National Security and paying an application fee which is approximately $1,500 and is refunded if the licence is granted. Once the licence is granted the licensee may purchase a property in Bermuda subject to certain restrictions. Not all property on the market in Bermuda is available to the licensees, and roughly only 5% of the market is accessible. These are generally houses that start at $3.5 million and condominiums that start at around $800,000. The houses must have a minimum ARV (Annual Rental Value) of $177,000 and the condos must have an ARV of at least $32,400 in order to be extended to non-Bermudians. Undeveloped land is not available to non-Bermudians and they are restricted from renting or subdividing the property which they have acquired.
16:23 / Bermuda Government / Property Law
14 May 2013

In my earlier post Bermuda Calling: Telecommunications Reform & Investment Opportunity, I described how telecommunications in Bermuda is undergoing root and branch reform with a view to not only making the industry more competitive but more attractive to investors. The overhaul in telecommunications, following extensive consultation with stakeholders, is embodied in two key pieces of legislation, the Regulatory Authority Act 2011 and the Electronic Communications Act 2011, both of which have become the twin foundation of Bermudian Regulatory Reform in the Telecommunications sector. Now, an update: On the 18th March 2013, Digicel issued an initial complaint to the Regulatory Authority stating that North Rock is providing bundling services and should not be doing so until Integrated Communication Operating Licenses (ICOLs) are issued. The complaint was a result of the examination of North Rock’s advertising material and flyers and their marketing campaign entitled “Blazing Bundles”.
20:28 / Bermuda Case Law & Legislation / Bermuda Government / Company & Commercial Law
22 Mar 2013

Jennifer Haworth
Bermuda’s new One Bermuda Alliance Government has scrapped the “Measures to Inhibit Long-Term Residency” policy, more commonly known as the term limit policy, and undertaken a review of the Islands’ work permit policy, all with a view to encouraging economic growth and job opportunities for Bermudians. The initial announcement came on 30 January 2013 from Home Affairs Minister Michael Fahy who called the term limit policy a “barrier to job creation”. Government has also sought to reassure Bermudians that doing away with term limits will not negatively impact their job opportunities given that the work permit policy remains in place. Bermuda’s work permit policy requires that when the renewal of a guest worker’s permit is sought, the position must be advertised giving qualified Bermudians an opportunity to apply. In addition, Government indicated that it sought legal advice to reaffirm advice already received by the previous Progressive Labour Party Government which confirmed that the term limit policy is not necessary to prevent long term residency.
15:26 / Bermuda Case Law & Legislation / Bermuda Government / Labour, Employment & Immigration law