PATI Information Statement
5 April 2021
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Name of Public Authority: Bermuda Casino Gaming Commission (“the Commission”) |
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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:
Whenever information is withheld, the Commission will provide the lawful basis for the decision.
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Section A: Structure, Organization and Legislation [s. 5(1)(a) PATI Act] |
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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—
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):
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Section B: 1) Functions, powers, duties of the Authority [s. 5(1)(b) PATI Act] |
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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):
Functions and duties of the Commission (s. 9 of the Act):
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:
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Section B: 2) Obligations under PATI Act [s. 5(1)(b) PATI Act] |
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Section C: Services [s. 5(1)(c) PATI Act] |
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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):
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:
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Section D: Records and documents held [s. 5(1)(d) PATI Act] |
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The files that are presently held by the Commission fall within the following classes:
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Section E: Administration manuals [s. 5(1)(e)] |
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Section F: Decision-making documents [s5(1)(f) PATI Act] |
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Section G: The PATI Information officer [s. 5(1)(g) PATI Act] |
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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 |
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Section H: Any Other Information [s. 5(1)(h) &(i) PATI Act] |
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As information becomes available it will be posted on the website at: https://www.bdacasinogaming.com/ |
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Section I: Information Statement: Copies and Updates [ss. 5(2), (3), (4) & (5) PATI Act] |
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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:
Signed: Dated: April 5th 2021 Charmaine Smith, Director of Legal |