Caribbean Tourism Legislation Database

CONTENTS

Pages

INTRODUCTION ………………………………………………………… 2-3

Background and Purpose

Content

Structure

How to Use the Database

Acknowledgments

  1. COUNTRY-BY-COUNTRY LISTING ………………………… 4-31
  1. LISTING BY SUBJECT AREA ………………………………… 32-51
  1. Institutional Framework of Tourism
  2. Tourist Accommodation Establishments
  3. Development Incentives
  4. Regulation and Control of Tourism Industry
  5. Tourism Taxation
  6. Tourism and Environment
  7. Travel/Tours, Sports, Entertainment
  8. Air and Sea Transport
  9. Casinos/Gaming

INTRODUCTION

Background AND PURPOSE

This Caribbean Tourism Legislation Database is intended primarily as a service to CTO members, although clearly it will also be of assistance to the numerous academic institutions and individual researchers who make use of the Organization’s Documentation Centre. It is meant to serve as a ready and easy-to-use reference source on regional tourism legislation available at CTO Headquarters for consultation. The need to compile such a database arose from CTO’s ongoing work programme activities, notably in the area of product development, and the increasing requests for examples of tourism-related legislative enactments made by member countries in recent times.

CONTENT

The present first edition of the database contains 187 pieces of tourism-related legislation from 20 member countries. It is not a complete coverage of all CTO member countries; nor is it a full compendium of tourism legislation in the Caribbean. But it is perhaps the largest collection of its kind and, to that extent, it is also a unique resource. More importantly, this first edition represents the beginning of an ongoing process of collection and systematic and user-friendly compilation of tourism legislation. Thus, the database will expand as more items are incorporated into it. Regular updates of this publication will inform members and other users. In its present initial form the database is in a document rather than a database format. It does however lend itself easily for inclusion in due course in the CTO Database System, which is currently under preparation.

STRUCTURE

The database has been structured with a view to providing a quick and easy overview of its contents. It comprises two main listings. The first listing presents all legislation by country in alphabetical order. Here entries are given with full details and a brief annotation. The following is a typical example:

The Anguilla Tourist Board Ordinance, 1993. (No. 16 of 1993)

An Ordinance to provide for the establishment of a statutory authority known as the Anguilla Tourist Board for the encouragement, promotion and development of tourist traffic to Anguilla, for adequate and efficient tourist servicesfor Anguilla and for matters connected therewith or incidental thereto.

The second main listing regroups and classifies the available items under nine different subject areas. These subject areas are the following:

1)Institutional Framework of Tourism

2)Tourist Accommodation Establishments

3)Development Incentives

4)Regulation and Control of Tourism Industry

5)Tourism Taxation

6)Tourism and Environment

7)Travel/Tours, Sports, Entertainment

8)Air and Sea Transport

9)Casinos/Gaming.

Items under this subject listing are again presented by country in alphabetical order. Entries under this listing are abbreviated. For example, under “Institutional Framework of Tourism” and under Anguilla, the above item is shown as follows.

The Anguilla Tourist Board Ordinance, 1993. (No. 16 of 1993)

Due to the close affinity between certain subject areas, on the one hand, and the multi-purpose nature of certain legislative items, on the other hand, a certain amount of overlap and duplication of entries occurs under these subject area listings.

As the database grows, it may well lend itself to further subject area classification and, if necessary, overall restructuring in the future.

HOW TO USE THE DATABASE

It is clear from the above outline of the structure and organisation of the database that use of it is fairly easy. Depending on what one may be looking for, one may refer to either the main country-by-country listing, or the appropriate subject area. A certain amount of cross-referring may also be necessary and useful. The required item(s) may then be consulted at the CTO Documentation Centre or copies may be forwarded to members.

acknowledgements

CTO wishes to thank those member countries that have made available copies of tourism-related legislation for the purpose of this database.

The assistance of Ms Heather Waithe, CTO Library Officer, in assembling the various items and compiling the database is gratefully acknowledged.

John Yacoumis

Product Development Adviser

Regional Tourism Product Development Project

Funded by the European Union

I. COUNTRY-BY-COUNTRY LISTING

Anguilla

1)Accommodation Tax Ordinance, 1973. (No7 of 1973)

An Ordinance to levy a tax on the amounts payable by visitors for accommodation and meals in Anguilla and

matters incidental thereto.

2)The Accommodation Tax (Amendment) Ordinance, 1985. (No.1 of 1985)

3)The Anguilla Tourist Board Ordinance, 1993. (No. 16 of 1993)

An Ordinance to provide for the establishment of a statutory authority known as the Anguilla Tourist Board

for the encouragement, promotion and development of tourist traffic to Anguilla, for adequate and efficient

tourist services for Anguilla and for matters connected therewith or incidental thereto.

Aruba

National Ordinance of November 26, 1953 for the Promotion of Industrial Establishments and Hotel Construction (Publication Sheet 1953 No. 194) as amended

Bahamas

1) The Promotion of Tourism Act, No. 49 of 1963. Chapter 13. Revised Edition 1965.

An Act to provide means for increasing and developing facilities for tourism and to promote measures for attracting tourists to the colony.

2) The Hotels Encouragement Act, 1954, with subsequent amendments. Chapter 304.

An Act to encourage the construction of hotels in the colony by providing for the refund of customs duties and emergency taxes and certain other concessions, and for the exemption of such hotels from certain taxation, and to relieve existing hotels from certain taxation.

3)The Hotels Encouragement (Amendment) Act, 1965. No. 59 of 1965.

An Act to further amend the Hotels Encouragement Act, Ch. 341.

4) The Hotels Encouragement (Amendment) Act. No. 5 of 1966.

An Act to further amend the Hotels Encouragement Act, Ch. 341.

5) The Hotels Act, 1970.

An Act to make provision for the licensing of and the regulation and improvement of standards in hotels; for the imposition of an hotel guest tax; and for matters connected with or incidental to those purposes.

6)The Hotels Encouragement Regulations, 1971. Supplement.

7) The Hotels Regulations, 1971. S.I. No. 8 of 1971.

Issued under the Hotels Act, 1970.

8)The Water Skiing and Motor Boat Control Act, 1970. No. 16 of 1970.

An Act for the more effective control of Water Skiing and the Driving of Motor Boats in coastal waters.

9) The Lotteries and Gaming Act, 1969. No. 8 of 1969.

An Act to regulate Lotteries and Gaming and for matter connected therewith or incidental thereto.

10) The Lotteries and Gaming (Amendment) Act, 1971. No. 1 of 1971.

An Act to amend the Lotteries and Gaming Act, 1969.

11)The Lotteries and Gaming (Amendment) Act, 1972. No. 2 of 1972.

An Act to amend the Lotteries and Gaming Act, 1969.

12)The Lotteries and Gaming (Amendment) Act, 1974. No. 13 of 1974.

An Act to amend the Lotteries and Gaming Act, 1969.

13) The Lotteries and Gaming (Amendment) Act, 1978. No. 3 of 1978.

An act to amend the Lotteries and Gaming Act, 1969.

14) Cruise Ships (Overnighting Incentives) Act, 1995.

An Act to make provision for the grant of concessions for the purpose of encouraging the development of tourism in The Bahamas, and for related matters.

15)The Hotel Corporation of the Bahamas Act, 1974. No. 20 of 1974.

An Act to provide for the establishment of The Hotel Corporation of the Bahamas, for the functions of the Corporation and for matters connected therewith or incidental thereto.

Barbados

1) Barbados Tourism Authority Act, 1993 (No. 1 of 1993)

An Act to provide for the establishment of the Barbados Tourism Authority and the Tourism Advisory Council and for related matters.

2)Barbados Tourism Authority Act, 1995. (No.15 of 1995)

An Act to revise the Barbados Tourism Authority Act, 1993.

3)Hotels, Apartments and Guest Houses (Registration and Classification) Regulations, 1982. S.I. 1982 No. 160.

Made under section 12 of the Barbados Board of Tourism Act, Ch. 342.

4)Hotel Aids Act, 1967. Ch. 72.

An Act to consolidate and revise the law relating to the encouragement of the development of hotels and for matters incidental thereto and connected therewith.

5) Suggested Minimum Requirements for Granting of Concessions to Hotels/Guesthouses.

Issued by the National Development Corporation under the Hotel Aids Act.

Hotel Proprietors Act, 1975. Ch. 309.

An Act to regulate the liability of Hotel Proprietors for loss of or damage to property brought by guests to hotels and to provide for related matters.

7) Hotel and Restaurants (Sales Tax) Act, 1974.

An Act to provide for the imposition of tax on the proceeds of the letting of hotel accommodation and sale of food and beverages in hotels and restaurants and for commercial purposes.

8)The Hotel and Restaurants (Rate of Tax) Order, 1977.

Made under section 4 of the Hotels and Restaurants (Sales Tax) Act, 1974.

Hotels and Restaurants (Sales Tax) Amendment Act, 1978.

An Act to amend the Hotels and Restaurants (Sales Tax) Act, 1974.

Hotels and Restaurants (Sales Tax) (Amendment Act), 1980.

An Act to amend the Hotels and Restaurants (Sales Tax) Act

Health Services Act, 1969. Ch. 44.

An Act relating to the promotion and preservation of the health of the inhabitants of Barbados.

Subsidiary legislation shown under 12 to 19 made under section 10 of this principal Act.

12)Health Services (Food Hygiene) Regulations, 1969. Ch. 44.

13)Health Services (Hotels) Regulations, 1969. Ch. 44.

14)Health Services (Restaurants) Regulations, 1969. Ch. 44.

Health Services (Building) Regulations, 1969. Ch. 44.

Health Services (Lodging Houses and Barracks) Regulations, 1970. Ch. 44.

Health Services (Swimming Pools) Regulations, 1970. Ch.44.

Health Services (Amendment) Act, 1995-4.

Minor Offences Act, 1998-1.

An Act to revise the law in relation to certain minor offences. Deals inter alia with harassment.

National Conservation Commission Act, 1982. Ch. 393.

An Act to revise and consolidate the law relating to public parks, beaches and caves and related matters and to make provision for the conservation of sites and buildings of national interest.

Travel Services Act, 1983. Ch. 373A.

An Act to provide for the registration and control of persons providing travel services and for related matters.

Travel Services (Fees) Order, 1983. Ch. 373A.

Issued under the Travel Services Act of 1983.

Travel Services Regulations, 1983.

Made under section 27 of the Travel Services Act, 1983. Deals with the licensing and registration of travel agents and tour operators

BarbadosPort Authority (Water Sports) Regulations, 1990

Made under the BarbadosPort Authority Act, Ch.285B. Deals with registration, inspection, licensing, insurance, safety and related issues.

Condominium Act, 1971. Ch. 224A.

An Act to facilitate the division of properties into parts that are to be owned individually and parts that are to be owned in common and to provide for the use and management of such properties.

Road Traffic (Amendment) Regulations, 1990. S.I. 1990 No.128.

Made under section 124(1) of the Road Traffic Act. Ch. 295. Regulates taxi fares.

Road Traffic Regulations, 1984. Ch. 295. Parts VIII -IX.

Provisions relating to hackney carriages, taxis, maxi-taxis, hired cars and contract carriages.

Registration of Business Names Act, 140. Ch..317.

An Act to provide for the registration of firms and persons carrying on business under business names and for related matters. Incorporates amendments up to 1988.

Profession, Trade and Business Registration Act, 1979. Ch.373.

An Act to make provision for the registration of persons exercising or engaging in any profession, trade, business or calling and to provide for related matters. Incorporates amendments up to 1990.

Profession, Trade and Business Registration Order, 1992.

Made under section 13(a) of the Profession, Trade and Business Registration Act.

Beach Protection Act, 1890. Ch. 389.

An act to consolidate the Acts relating to the taking and carrying away of sand from certain parts of the beach. Incorporates subsequent amendments, viz. 1958-33, 1958-55, 1966-5, L.N.168/1967, 1975-18 (REPEALED).

Cultivation of Trees Act, 1951. Ch. 390.

An Act for promoting the cultivation of trees, and for purposes in connection therewith.

Marine Areas (Preservation and Enhancement) Act, 1976. Ch. 392.

An Act for the preservation and protection of the marine life in certain submarine areas of Barbados and for the establishment of underwater parks and art centres in connection therewith (REPEALED).

Wild Birds Protection Act, 1907. Ch. 398.

An Act relating to the protection of certain wild birds. Incorporates miscellaneous amendments, i.e. 1952,1958,1978. L.N. 168/1967.

The Civil Aviation (Air Navigation) Regulations, 1984.

Made under section 28 of the Civil Aviation Act, 1983. (Act 1983-31)

BarbadosPort Authority (Tariff Book Of Dues and Charges) Regulations, 1987.

Made under section 66 of the BarbadosPort Authority Act. (S.I. 1987 No. 166)

BarbadosPort Authority (Water Sports) Regulations, 1990. S.I. 1990 No. 44.

Made under the BarbadosPort Authority Act, Ch. 285B.

Barbados Investment and Development Corporation Act, 1992. ( No. 30 of 1992)

An Act to provide for the establishment of a corporation for the purpose of developing Barbados’ industrial, offshore financial, export and other related activities.

39) Statistics. Chapter 192

An Act to provide for the taking of censuses and for the collection, compilation, analysis and publication of certain statistical information and for other matters relating thereto.

40)Parks and Beaches Commission Act, Chapter 233A. (1970-12)

An Act to provide for the control, maintenance and development of the public parks and beaches of Barbados

41) The Parks and Beaches Regulations, 1974.

Made under the Parks and Beaches Commission Act, 1970.

42) Parks and Beaches Commission (Amendment) Act, (1974-23)

An Act to amend the Parks and Beaches Commission Act, 1970.

43) Parks and Beaches Commission (Amendment) Act, (1978-46)

An Act to amend the Parks and Beaches Commission Act, 1970.

44) Trees (Preservation) Act. Chapter 397. (December 1981)

An Act to provide for the preservation of trees, 1981-49.

Belize

1)Belize Tourist Board (Tourist Guide) Regulations, 1992. Statutory Instrument No.130 of 1992.

Regulations made by the Belize Tourist Board in exercise of the powers conferred upon it by section 15 of the Belize Tourist Board Act, (No. 4 of 1990) and all other powers thereunto it enabling and approved by the Minister responsible for Tourism.

2)Belize Tourist Board (Tour Guide) Regulations, 1994. Statutory Instrument No. 80 of 1994

Regulations made by the Belize Tourist Board in exercise of the powers conferred upon it by section 15 of the Belize Tourist Board Act, Chapter 232A of the Laws of Belize, Revised Edition 1980-1990, and all other powersthereunto it enabling and approved by the Minister responsible for Tourism. Repeals S.I. 130/92.

3)Hotels and Tourist Accommodation Act, 1997. No. 12 0f 1997.

An Act to make new provisions to regulate the operation and management of hotels; to provide for the regulation of tourist accommodation; to repeal the hotels Act, Chapter 228 of the Laws of Belize, Revised Edition 1980-90; and to provide for matters connected therewith or incidental thereto.

4)Hotels and Tourist Accommodation (Minimum Registration, Licensing and Operating Requirements) Regulations, 1999.

Regulations made by the Minister of Tourism in exercise of the powers conferred upon him by section 14 as read with section 31 of the Hotels and Tourist Accommodation Act (No. 12 of 1997), and all other powers thereunto him enabling.

a)1st Schedule: Minimum Requirements for the Registration of Hotels and Resorts

b) 2nd Schedule: Minimum Requirements for the Registration of Apartments, Condominiums & Villas

c) 3rd Schedule: Minimum Requirements for the Registration of Guest Houses, Lodges and Inns

d) 4th Schedule: Minimum Requirements for the Registration of Community Based Tourism Establishments

e) 5th Schedule: Minimum Requirements for the Registration of CampSites

Belize Tourist Board, Agreement for Operating a Liveaboard Passenger Vessel (Class II- Vessels ten (10) and above and above passenger capacity).

Belize Tourist Board, Environmental Compliance Plan for Liveaboard Passenger Vessels (Class II).

Prepared by: The Department of the Environment in conjunction with The Fisheries Department - Belize Tourist Board. Revised June 1998.

*7)Belize Tourist Board (Local Water and Passenger and Watersports Vessels) Regulations,2000

*8)Brochure to facilitate the implementation of the retired persons program under the retired persons (incentives) Act (No.11 of 1999)

*9)Belize Tourist Board (Tour Operators) Regulations, 1999

Regulations made by the Belize Tourist Board in exercise of the powers conferred upon it by section 15 of the Belize Tourist Board Act, Chapter 232A of the Laws of Belize, Revised Edition 1980-90, and all other powers thereunto it enabling

*10)Protected Areas Conservation Act, 1995. No. 15 of 1995

An act to establish a trust for the protection, conservation and enhancement of the natural and cultural resources of Belize; to establish a Trust Fund for the Trust; to establish a Board of Directors to control and manage the affairs of the trust; and to provide for matters connected therewith or incidental thereto.

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Bermuda

The Summary Offences Act, 1926. 1926: No. 2

With subsequent amendments up to 1977. Makes provision, inter alia, for restriction on making noises at night, tidiness of public places, beaches, etc, restriction on riding horses on beaches.

The Motor Taxi Regulations, 1952

Issued by the Transport Control Department for information of taxi drivers ONLY. These Regulations were brought into operation on 15th January, 1953, by order published in Gazette No. 53 of 1952.

The Auxiliary Bicycles Act, 1954

The Hotel (Licensing and Control) Regulations, 1976

Made by the Minister of Tourism under section 14 of the Hotels (Licensing and Control) Act 1969.

The Motor Car Act 1951. Parts II and IV.

Incorporating subsequent amendments. Deals, inter alia with general restrictions on use of motor cars for hire or reward, public service vehicles including buses, taxis and limousines, etc.

BRITISH VIRGIN ISLANDS

1)Commercial Recreational Vessels Licensing Act, 1992.

An Act to provide for the licensing of commercial recreational vessels; to issue permits to non-commercial

recreational vessels and for matters connected therewith or incidental thereto.

Tourist Board Ordinance, 1969, Ch. 280

Incorporates subsequent amendments up to 1991. Makes provision for the establishment of the Board, its membership, duties, functions and powers as well as financial provisions.

3)*Chapter 95. Mongoose (Prohibition). 6th October 1902.

Mongoose Prohibition Ordinance.

4)*Chapter 96. Pigeons. 19th November, 1926. Pigeons Ordinance.

An Ordinance to provide for the establishment and constitution of a Tourist Board and for other matters connected therewith.

5)* Chapter 97. Protection of Animals Act. 20th March 1935.