Commission for Unity and Racial Equality Amendment Act 1999

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1999/Acts/Commission%20for%20Unity%20and%20Racial%20Equality%20Amendment%20Act%201999.pdf

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Commission for Unity and Racial Equality Amendment Act 1999
COMMISSION FOR UNITY AND RACIAL EQUALITY
AMENDMENT ACT 1999

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BERMUDA
1999 : 50

COMMISSION FOR UNITY AND RACIAL EQUALITY
AMENDMENT ACT 1999

[Date of Assent 23 December 1999]

[Operative Date 21 January 2000]

WHEREAS it is expedient to amend the Commission for Unity
and Racial Equality Act 1994 and the Human Rights Act 1981:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act may be cited as the Commission for Unity and Racial
Equality Amendment Act 1999.

Amends section 2 of the principal Act
2 Section 2 of Commission for Unity and Racial Equality Act 1994
(herein referred to as "the principal Act") is amended—

(a) by inserting next after the words "place of origin" in the
definition of the expression "racial group" the words ",
ethnic origins";

(b) by inserting in the appropriate alphabetical order the
following—

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" "employee" means a person employed by an employer
under a contract of service, a training scheme or

other apprenticeship arrangement who is not less than
sixteen years of age and is employed for not less than
sixteen hours a week;

"employer" means a person who—

(a) carries on an undertaking, whether or not for
profit, by way of trade, business, profession or
other activity; and

(b) employs therein ten or more employees;

"prescribed" means prescribed by regulations made
under section 9A;".

Inserts sections 6A to 6E in the principal Act
3 The principal Act is amended by inserting next after section 6
the following—

"Registration of employers
6A (1) The Commission shall establish and maintain in
such manner as it considers appropriate a register of employers.

(2) Every employer shall register with the Commission
within the period of time prescribed.

(3) An employer shall make an application for
registration to the Commission in the prescribed form and on
receipt of an application under this section the Commission shall
enter in the register the name of the employer and such other
information as it considers appropriate.

(4) The Commission may, in accordance with the
regulations, remove the name of an employer from the register,
restore such name to the register or otherwise alter the register.

Special programmes
6B (1) The Commission may, upon conditions or
limitations and subject to revocation or suspension, approve in
writing any special programme by an employer, where such
programme is designed—

(a) to relieve hardship or economic disadvantage or
to assist disadvantaged persons or groups to
achieve or attempt to achieve equal opportunity;
or

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(b) to increase the employment of members of a
group or class of persons because of the race,
colour, ethnic origins or place of origin of the
members of the group or class.

(2) Where the Commission has reason to believe, in the
case of an employer, that a special programme is desirable, the
Commission may—

(a) after obtaining the agreement of the employer;
and

(b) in such way as is considered appropriate,

assist that employer to design and implement a special
programme for any purpose referred to in paragraph (a) or (b) of
subsection (1).

Information from employers
6C (1) The Commission may, on giving reasonable notice,
require employers to furnish such information about employees
and applicants for employment as the Commission may
reasonably require to discharge its functions under this Act.

(2) Every employer shall furnish the information so
required in the prescribed form and within any period of time
prescribed.

(3) Notwithstanding section 6(4) of the 1981 Act, when
requested so to do, an employee shall furnish to his employer
such information as is reasonably required to enable the
employer to comply with this section.

(4) For the purposes of subsection (1), "information"
includes information about pay, remuneration and emoluments.

Offences and penalties
6D (1) An employer who fails, without reasonable excuse,
to register under section 6A commits an offence and is liable on
conviction by a court of summary jurisdiction to a fine not
exceeding $1,000.

(2) An employer who, without reasonable excuse, fails
to furnish information required under section 6C commits an
offence and is liable on conviction by a court of summary
jurisdiction to a fine not exceeding $5,000.

(3) An employee who—

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(a) without reasonable excuse, fails to provide
information in accordance with section 6C(3);
or

(b) knowingly provides false information,

commits an offence.

(4) An employee convicted of an offence under
subsection (3) is liable on conviction by a court of summary
jurisdiction to a fine not exceeding $500.

Institution of proceedings
6E No prosecution for an offence under this Act shall be
instituted by any person other than the Director of Public
Prosecutions without the written consent of the Director of
Public Prosecutions.".

Amends section 8 of the principal Act
4 Section 8 of the principal Act is amended by inserting next after
subsection (1) the following—

" (1A) Where, in the due performance of his functions
under this Act or other statutory provision it is necessary for a
member, an officer or a servant of the Commission to disclose
information regarding matters referred to in subsection (1), such
disclosure shall—

(a) be in the form of statistical data; and

(b) exclude information that might lead to the
identification of any employer or any employee.".

Inserts section 9A in the principal Act
5 The principal Act is amended by inserting next after section 9
the following—

"Regulations
9A (1) The Minister may, after consultation with the
Commission, make regulations—

(a) prescribing the form of any application or other
instrument;

(b) prescribing the information that the Commission
may reasonably require;

(c) requiring information to be given separately by
reference to different descriptions or classes of
employment; and

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(d) generally for giving effect to the provisions of this
Act.

(2) The affirmative resolution procedure applies to
regulations made by the Minister under subsection (1).".

Amendment of the Human Rights Act 1981
6 The Human Rights Act 1981 is amended by inserting next after
section 14 the following—

"Disclosure of information to CURE
14A (1) Subject to subsection (2), the Commission may
disclose to the Commission for Unity and Racial Equality
information about an employer in relation to whom a complaint
has been made.

(2) The Commission shall comply with such a request
where it is satisfied that—

(a) the information requested by the Commission
for Unity and Racial Equality is such
information that the Commission reasonably
requires to discharge its functions under the
Commission for Unity and Racial Equality Act
1994; and

(b) any proceeding under this Act in relation to the
employer has been determined.

(3) In this section, "Commission for Unity and Racial
Equality" means the Commission established under section 3 of
the Commission for Unity and Racial Equality Act 1994.".

Transitional
7 (1) This section applies to employers, other than those referred
to in section 6A(2) of the principal Act.

(2) Every employer who, immediately before the
commencement day, employs ten or more employees shall register with
the Commission within six weeks of the commencement day or such
longer period as the Commission may determine.

(3) "Commencement day" means the date of coming into
operation of this Act.

Commencement
8 This Act comes into operation on such day as the Minister may
appoint by notice published in the Gazette.

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