Tourism Board Act 2012
FA E R
N
AT F
TQUO U
BERMUDA
TOURISM BOARD ACT 2012
2012 : 24
TABLE OF CONTENTS
PART 1
PRELIMINARY
Citation
Interpretation
PART 2
ESTABLISHMENT, INCORPORATION AND COMPOSITION OF BOARD
Establishment of Board
Chairman of Board
Composition of Board
Tenure of office of member
PART 3
FUNCTIONS AND POWERS OF BOARD
Functions of Board
Powers of Board
Directions by Minister
Chief Executive
Staff of Board
Ineligibility for employment as officers or employees
Appointment of committees and delegation of powers
Immunity from suit
PART 4
FINANCIAL PROVISIONS
Funds of Board
Tourism guest fee
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
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TOURISM BOARD ACT 2012
Financial year
Accounts of Board
Annual report
Publication of annual report and accounts
Regulations
Commencement
SCHEDULE
WHEREAS it is expedient to establish a Tourism Board for the purpose of
developing and promoting Bermuda as a tourist destination;
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:
PART 1
PRELIMINARY
Citation
This Act may be cited as the Tourism Board Act 2012.
Interpretation
In this Act—
“Board” means the Tourism Board established under section 3;
“Chairman” means the Chairman of the Board appointed under section 4;
“Chief Executive” means the Chief Executive of the Board appointed under section
10;
“committee” means a committee appointed by the Board under section 13;
“Deputy Chairman” means the Deputy Chairman appointed by the Minister under
section 5(3);
“financial year” means a period of 12 months beginning on 1 April;
“member” means a member of the Board appointed under section 5;
“Minister” means the Minister responsible for tourism.
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TOURISM BOARD ACT 2012
PART 2
ESTABLISHMENT, INCORPORATION AND COMPOSITION OF BOARD
Establishment of Board
There is established for the purposes of this Act a body corporate to be known
as the Tourism Board.
The Board has perpetual succession and a common seal with power, subject
to the provisions of the Act—
to acquire and dispose of property, both moveable and immovable;
to sue and be sued in its corporate name; and
to perform such other acts as bodies corporate may by law perform.
Chairman of Board
The Minister shall appoint a Chairman of the Board who shall be a person with
suitable qualifications and experience in the tourism industry.
Composition of Board
The Board shall consist of—
the Chairman;
eight members appointed by the Minister;
five members appointed by the Bermuda Hotel Association with the
approval of the Minister;
the Executive Officer of the Chamber of Commerce; and
the President of the Bermuda Industrial Union.
The following persons shall be ex-officio members of the Board—
the Director of Tourism;
the Director of Global Operations;
the Airport General Manager; and
the Chief Executive Officer of the Bermuda Hotel Association.
The Minister shall appoint a Deputy Chairman from among the members of the
Board listed under subsection (1)(b) to (e).
If the Chairman and Deputy Chairman are absent or unable to act, the Minister
may appoint any member of the Board to act temporarily as Chairman.
An ex-officio member of the Board under subsection (2) may attend meetings
of the Board and may assist the Board in its deliberation on any matter, but shall not be
counted for the purpose of constituting a quorum and shall have no vote.
3 (1)
(2)
(a)
(b)
(c)
4
5 (1)
(a)
(b)
(c)
(d)
(e)
(2)
(a)
(b)
(c)
(d)
(3)
(4)
(5)
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TOURISM BOARD ACT 2012
The Chairman and members of the Board shall be paid such fees and
allowances as the Minister may determine.
The Schedule shall have effect as to terms of appointment, meetings and
procedures of the Board.
Tenure of office of member
A member of the Board shall, subject to the provisions of this Act, hold office for a
period not exceeding three years, but such member shall be eligible for reappointment.
PART 3
FUNCTIONS AND POWERS OF BOARD
Functions of Board
The functions of the Board shall be—
to develop and promote Bermuda as a tourist destination;
to advise the Government on matters relating to travel and tourism;
to enhance the travel and tourism sector’s contribution to the Bermuda
economy;
to act as an agent for the Government or, with the approval of the Minister,
for any person, body or organisation for the transaction of any business
connected with any tourism enterprise;
to engage in, assist in or promote the improvement of facilities for visitors
to Bermuda and the development of Bermuda as a tourist destination;
to secure overseas publicity for the tourist attractions in Bermuda and
tourism projects outside Bermuda in which Bermuda has an interest;
to co-ordinate the activities of persons providing services for visitors to
Bermuda; and
generally to do all such acts, matters and things as are necessary to be
carried out for the purposes of this Act.
In addition to the functions mentioned in subsection (1) the Minister may
require the Board to undertake other functions related to the functions set out under
subsection (1).
The Minister may require the Board generally to carry out any of the functions
provided for in subsection (1) or may in a particular case require the Board to carry out any
such function.
Subject to this Act and the approval of the Minister, the Board may carry on
such activities as appear to the Board to be advantageous, necessary or convenient for it to
carry on for or in connection with the discharge of its functions and duties under this Act.
(6)
(7)
6
7 (1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
(3)
(4)
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TOURISM BOARD ACT 2012
Powers of Board
Subject to the other provisions of this Act, the Board shall have power to do
anything for the purpose of discharging its functions under this Act or any other written
law, or which is incidental or conducive to the discharge of those functions.
Without prejudice to the generality of subsection (1) but subject to this Act, the
powers of the Board shall include the power—
with the approval of the Minister, to acquire, take on lease, hire, hold and
enjoy movable and immovable property and to convey, assign, surrender,
charge, mortgage, demise, transfer or otherwise dispose of, or deal with,
any movable or immovable property belonging to the Board upon such
terms as the Board considers fit;
to grant loans or advances to any person carrying on a tourism enterprise;
to enter into any contract or agreement for carrying out the purposes of
this Act;
to receive such fee, payment or commission as may be agreed upon, in
consideration of the services rendered by the Board;
to require such fee or payment with respect to any matter relating to
tourism or tourism enterprises to be remitted to the Board as the Minister
may prescribe;
with the approval of the Minister, to subscribe for or acquire any stock,
share, bond, debenture or other financial instrument in any company
carrying on a tourism enterprise;
with the approval of the Minister, to invest any money of the Board in any
business within or outside Bermuda which will promote or be conducive
to the tourism trade in Bermuda;
with the approval of the Minister—
to enter into any joint venture with any person; or
to form or participate in the formation of any company,
whether in Bermuda or elsewhere, for the purpose of carrying out all or any
of the functions of the Board;
with the approval of the Minister, to manage, control or supervise tourism
enterprises within or outside Bermuda by appointing advisers, or by
collaborating with persons carrying on tourism enterprises or entering into
partnerships or any other arrangements with them;
with the approval of the Minister and the Minister of Finance, to borrow
money whether by way of bank overdraft or otherwise for such purposes of
the Board as the Board may from time to time consider desirable; and
8 (1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(ii)
(i)
(j)
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TOURISM BOARD ACT 2012
generally to do all such matters and things as may be incidental to or
consequential upon the exercise of the Board’s powers or the discharge of
its duties under this Act.
Directions by Minister
The Minister may, after consultation with the Board, give to the Board such
directions, not inconsistent with the provisions of this Act, as he may think fit, as to the
exercise and performance by the Board of its functions, duties and powers under this Act,
and the Board shall give effect to all such directions.
The Board shall furnish the Minister with such information with respect to its
property and activities as the Minister may from time to time require.
Chief Executive
The Board may, with the approval of the Minister, appoint a Chief Executive
for the purposes of this Act.
The Chief Executive shall—
be known by such designation as the Board may determine;
be responsible to the Board for the proper administration and management
of the functions and affairs of the Board in accordance with the policy laid
down by the Board; and
not be removed from office without the consent of the Minister.
Staff of Board
The Board may from time to time appoint such agents and appoint such officers
and employees as may be necessary for the purposes of this Act.
All officers and employees of the Board shall be under the administrative
control of the Board.
Ineligibility for employment as officers or employees
No person shall be eligible for employment as an officer or employee of the
Board who has, directly or indirectly, by himself or with his partner, entered into any
contract with, for or on behalf of the Board.
Any officer or employee of the Board who has entered into or acquires any such
contract shall be liable, in the discretion of the Board, to summary dismissal without notice.
Appointment of committees and delegation of powers
The Board may, in its discretion, appoint from among its own members or from
among other persons such number of committees as it thinks fit for purposes which, in the
opinion of the Board, would be more expediently carried out or managed by such
committees.
(k)
9 (1)
(2)
10 (1)
(2)
(a)
(b)
(c)
11 (1)
(2)
12 (1)
(2)
13 (1)
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TOURISM BOARD ACT 2012
The Board may, subject to such conditions or restrictions as it thinks fit,
delegate to—
the Chairman;
any of its members;
the Chief Executive;
any committee appointed under subsection (1);
any officer or employee,
any of the functions or powers of the Board under this Act, except the power of delegation
conferred by this section.
Any power, function or duty delegated as provided in subsection (2) shall be
exercised or performed by the person to whom delegated in the name and on behalf of the
Board.
The Board may continue to exercise a power upon it, or perform a function or
duty under this Act or any other written law, notwithstanding the delegation of such power,
function or duty under this section.
Immunity from suit
No action, suit, prosecution or other proceeding shall be brought or instituted
personally against an officer, employee or agent of the Board, or any member of the Board,
or the Minister, in respect of any act done bona fide in pursuance or execution or intended
execution of their functions under this Act or any other Act and regulations made
thereunder.
Where any member of the Board is exempt from liability by reason only of
subsection (1), the Board shall be liable to the extent that it would be if that member were
an employee or agent of the Board.
PART 4
FINANCIAL PROVISIONS
Funds of Board
The funds of the Board shall consist of—
all such sums as may be appropriated by the Legislature for the purposes
of the Board;
all moneys, dividends, royalties, interest or income received from any
source or transaction made pursuant to the powers conferred on the Board
under this Act;
all moneys borrowed by the Board for the purposes of this Act;
(2)
(a)
(b)
(c)
(d)
(e)
(3)
(4)
14 (1)
(2)
15
(a)
(b)
(c)
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TOURISM BOARD ACT 2012
all moneys received by the Board by way of fees, payments or
commissions—
relating to tourism guest fee payable under section 16;
for any matter relating to tourism and tourism enterprises; and
for services rendered by the Board to any person; and
all grants, subsidies and contributions paid to the Board or received from
any source and funds raised by all lawful means.
Tourism guest fee
In addition to the occupancy tax payable under section 29 of the Miscellaneous
Taxes Act 1976 and any other fees authorized by law, there is imposed and shall be paid
by each proprietor of a hotel in respect of each guest accommodated in the hotel the tourism
guest fee at the rate of 2.5% of the rack rate charge made by such hotel in respect of such
guest.
The term “rack rate charge” has the meaning ascribed to it in section 29(2) of
the Miscellaneous Taxes Act 1976.
The Minister may in the regulations made under this Act, from time to time,
determine the percentage rate of the rack rate charge applicable to the tourism guest fee
with respect to—
different categories of hotels and other accommodations for guests; and
different times and seasons of the year.
The statement to be delivered under section 30 of the Miscellaneous Taxes Act
1976 by every proprietor of a hotel on the departure of the person who had been
accommodated at the hotel shall include a separate entry for the amount of the tourism
guest fee payable.
The tourism guest fee shall be due and payable at such time as the hotel
occupancy tax is payable and shall be collected by such office of the Board as the Minister
may in writing determine.
Any proprietor who fails to comply with the requirements of this section shall
be guilty of an offence and liable on conviction by a court of summary jurisdiction to a fine
not exceeding $10,000.
Regulations made by the Minister under subsection (3) shall be subject to the
affirmative resolution procedure.
Financial year
The financial year of the Board shall end on 31 March in each year.
(d)
(i)
(ii)
(iii)
(e)
16 (1)
(2)
(3)
(a)
(b)
(4)
(5)
(6)
(7)
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TOURISM BOARD ACT 2012
Accounts of Board
The Board shall cause proper statements of its financial affairs to be
maintained and shall prepare in respect of each financial year a statement of its accounts
in such form as required by applicable accounting standards.
The accounts of the Board shall be audited by the Auditor-General or by an
auditor appointed annually by the Auditor-General.
A person shall not be qualified for appointment as an auditor under subsection
(2) unless he is a public accountant who is registered or deemed to be registered under the
Institute of Chartered Accountants of Bermuda Act 1973.
The statement of accounts must present fairly and accurately—
the financial transactions of the Board during the financial year to which
they relate; and
the financial position of the Board at the end of the financial year.
The auditor shall state in his report whether—
proper accounting and other records have been kept; and
the receipt, expenditure and investment of moneys and the acquisition and
disposal of assets by the Board during the year have been in accordance
with the provisions of this Act.
The auditor may at any other time report to the Minister through the Board
upon any matter arising out of the performance of his audit.
Where the Auditor-General has not been appointed to be the auditor, a copy of
the audited financial statements and any report made by the auditor shall be forwarded to
the Auditor-General at the same time they are submitted to the Board.
As soon as the accounts of the Board and the financial statements have been
audited in accordance with the provisions of this Act, a copy of the audited financial
statements signed by the Chairman, together with a copy of any report made by the auditor,
shall be submitted to the Minister.
Annual report
The Board shall, as soon as practicable after the close of each financial year but
not later than 30 September of each year, submit to the Minister an annual report on the
activities of the Board during the preceding financial year.
Publication of annual report and accounts
The Board shall, as soon as practicable after the end of each financial year,
cause to be made and transmitted to the Minister—
a copy of the annual report of the operations of the Board during that year;
and
18 (1)
(2)
(3)
(4)
(a)
(b)
(5)
(a)
(b)
(6)
(7)
(8)
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20 (1)
(a)
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TOURISM BOARD ACT 2012
a copy of the audited annual statement of accounts of the Board certified
by the Auditor-General.
The Minister shall as soon as practicable after receipt of the annual report and
annual statement of accounts cause a copy of each to be laid before both Houses of the
Legislature.
Regulations
The Minister may make regulations for the purposes of this Act prescribing
anything that is necessary or convenient to be prescribed for the carrying out of the
provisions of this Act or to give effect to it.
Without derogating from the generality of subsection (1), regulations may
provide for—
the tourism guest fee or other payment with respect to any matter relating
to tourism or tourism enterprises to be remitted to the Board at such rate
and times as may be prescribed;
the procedures and processes required for the carrying out of any of the
functions or powers of the Board;
the contravention of regulations to be an offence and to impose
penalties—
not exceeding a fine of $1,000 or imprisonment for six months, or both;
and
in the case of a continuing offence, to a further fine not exceeding $250
for every day or part thereof during which the offence continues after
conviction.
Regulations made by the Minister under this Act shall be subject to the negative
resolution procedure.
Commencement
The provisions of this Act shall come into operation on such date as the Minister
may appoint by notice published in the Gazette, and the Minister may appoint different days
for the coming into operation of different provisions.
(b)
(2)
21 (1)
(2)
(a)
(b)
(c)
(i)
(ii)
(3)
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TOURISM BOARD ACT 2012
SCHEDULE
(section 5)
PART 1
RESIGNATION AND REMOVAL FROM OFFICE
Resignation
Any member of the Board, other than the Chairman, may at any time resign
his office by instrument in writing addressed to the Minister and transmitted through the
Chairman, and from the date of the receipt by the Minister of such instrument, such
member shall cease to be a member of the Board.
The Chairman may at any time resign his office by instrument in writing
addressed to the Minister and such resignation shall take effect as from the date of the
receipt of such instrument by the Minister.
Removal from office and disqualification for appointment
The Minister, acting after consultation with the Board, may remove a person from
office as Chairman or member of the Board—
if he is satisfied that such person—
has without reasonable excuse been absent from three consecutive
meetings of the Board;
has been convicted (whether before or after his appointment) of a
criminal offence;
is an undischarged bankrupt or his estate has been sequestrated and
he has not been discharged;
has made a composition or arrangement with, or granted a trust deed
for, his creditors; or
is otherwise unable or unfit to carry out his functions as Chairman or
member; or
by giving such person notice of termination of appointment.
The fact that a person has held office as a member of the Board does not disqualify
him for reappointment to that office.
The Minister shall cause to be published in the Gazette the name of every person
appointed as a member of the Board.
1 (1)
(2)
2
(a)
(i)
(ii)
(iii)
(iv)
(v)
(b)
3
4
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TOURISM BOARD ACT 2012
PART 2
PROCEDURE FOR MEETINGS OF THE BOARD
Powers
The Board may act notwithstanding the existence of one or more vacancies in its
members or a defect in the appointment of a member.
Meetings
The Board shall meet as often as necessary or expedient for the due
performance of its functions.
The Chairman may summon a meeting at any time on giving such notice as, in
his judgment, the circumstances may require.
At a meeting of the Board, the proceedings shall be regulated as follows—
seven members of the Board constitute a quorum;
the Chairman shall preside at meetings of the Board;
if the Chairman is absent from a meeting of the Board, the Deputy
Chairman shall act as Chairman and preside at the meeting;
if a member of the Board has any direct interest in any dealing or business
with the Board—
he shall disclose his interest to the Board at the time of the dealing or
business being negotiated or transacted; and
he shall have no vote in relation to the dealing or business, unless the
Board has resolved that the interest does not give rise to a conflict of
interest;
subject to subparagraph (d)(ii), a member of the Board shall have no vote
in relation to any question arising which touches or concerns him;
the decisions of the Board shall be by a majority of votes;
in the event of an equality of votes, the Chairman shall have a casting vote;
and
the Board shall determine its own procedure.
[Assent Date: 22 June 2012]
[Operative Date: 13 July 2012]
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6 (1)
(2)
7
(a)
(b)
(c)
(d)
(i)
(ii)
(e)
(f)
(g)
(h)
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