REMEDIES PRESENTATIONGROUP 5A3:Fianne BestAnika Collymore TaylorNicole GibsonKara-je KellmanSharon HarrisAlexandra Brittney Daniel

Town and country planningEqual opportunities CommissionRegulated Industries Commission

The Town and Country Planning Act:

"This Act make provision for the orderly and progressive development of land in both urban and rural areas

and to preserve and improve the amenities thereof, for the grant of permission to develop land and for other

powers of control over the use of land, to confer additional powers in respect of the acquisition and

development of land for planning, and for purposes connected with the matters aforesaid.“

Barbados does not have a specific Commission

However, this Act is regulated by A Minister

s.3. The Minister shall secure consistency and continuity in the framing and execution of a comprehensive

policy for the use and development of all land in Barbados.

A Committee is further created, which gives advice to the minister

4. (1) There is hereby established a body to be known as the Town and Country Planning Advisory

Committee.

What is regulated? PART IV of the Act

-outlines that persons seeking to develop land which subject to s. 13. (1) means the carrying out of building, engineering, mining or other operations in, on, over or under any land, the making of any material change in the use of any buildings or other land or the sub-division of land. MUST SEEK PERMISSION

Therefore, one must seek permission, which the minister working hand in hand with the Chief Town Planner ensures are in accordance with the limitations and restrictions as well as the specifics of the this Act, before granting such permission

Town and Country Planning Act Enforcement 33. (1) Where it appears to the Chief Town Planner (a) that any development of land has been carried out

without the grant of planning permission required ; or

(b) that any conditions or limitations subject to which planning permission was granted have not been complied with, then, subject to any directions given by the Minister, and to the following provisions of this section, the Chief Town Planner, if he considers it expedient to do so having regard to the provisions of the development plan and to any other material considerations, may, within the period specified in subsection (2), serve a notice under this section (in this Act referred to as an enforcement notice). (And the period is 4 years according to ss 2(a)

Enforcement Notice; Enforcement Notice 33 (4) An enforcement notice

(a) shall specify the development which is ,alleged to have been carried out without the grant of planning permission.

(b) may require such steps as may be specified in the notice to be taken, within such period as may be so specified, for the purpose of restoring the land to its condition before the development took place or of securing compliance with the conditions or limitations, as the case may be, and in particular may, for that purpose, require the demolition or alteration of any buildings or works, the discontinuance of any use of land or the carrying out on land of any building or other operations.

Town and Country Planning Act: Right to Appeal APPEAL AGAINST THE NOTICE 35. (1) Any person on whom an enforcement notice is served, or any

other person having an interest in the land, may, at any time within the period mentioned in subsection (5) section 33 and in accordance with any rules of court, appeal

to a Judge in chambers against the notice on any of the grounds which is listed from subsection a - f

Non Compliance 36. (1) Subject to this section, where an enforcement notice penal

has been served on the person who, at the time when the notice was served on him, was the owner of the land to which it relates, then, if any steps required by the notice to be taken (other than the discontinuance of a use of land) have not been taken within

the period allowed for compliance with the notice, that person is guilty of an offence and is liable on conviction thereof by a court of summary jurisdiction to a fine of $1 000

Town and Country Planning Act:

26. (1) Where it appears to the Chief Town Planner that the amenity of any part of the Island is, or is likely to be, seriously injured by the condition of any building, garden, vacant site or other open land, then, subject to any directions given by the Minister, the Chief Town Planner may serve on the owner and occupier of the building or other land a notice requiring such steps for abating the injury as may be specified in the notice to be taken within such period as may be so specified.

Town and Country Planning Act: 25. (1) Where it appears to the Chief Town Planner that it is

expedient in the interests of proper planning of any development area (including the interests of amenity), regard being had to the development plan and to any other material considerations,-

(a) that any use of land should be discontinued, or that any conditions should be imposed on the continuance of a use of land; or

(b) that any buildings or works should be altered or re- moved,

the Chief Town Planner may by order, published in the Oficial Gazette require the discontinuance of that use or impose such conditions

Town and Country Planning Act; Stop Notice Section 4OB. (1) Where, in respect of any land, the Chief Town Planner

serves an enforcement notice, he may, subject to any direction given by the Minister, at any time before that notice takes effect, serve a further notice, in this section and section 40C referred to as a, “stop notice”,

prohibiting any person on whom the stop notice is served from carrying out or continuing on the land any operations, being operations alleged in the enforcement notice to constitute a breach of planning control or so closely associated therewith as to constitute substantially the same operations

Non Compliance Section 40B(5). Any person, being a person in relation to whom a stop

notice is in effect, who carries out or continues, or causes or permits to be carried out or continued, any operations prohibited by the notice is guilty of an offence and is liable on summary conviction to a fine of $1 000, and, if the offence is a continuing offence, to a fine of $250 for each day or part thereof during which the offence is continued after he is first convicted.

Equal Opportunities Commission: • There is neither an Equal Opportunity Commission nor

an equivalent body in Barbados. • Individuals are protected against discrimination under

the Constitution as well as under the anti- discrimination provisions of the new Employment legislation.

S.23 (1) Constitution provides: “(1) Subject to the provisions of this section—

no law shall make any provision that is discriminatory either of itself or in its effect; and

no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority

Equal Opportunities Commission: • There is neither an Equal Opportunity Commission nor

an equivalent body in Barbados. • Individuals are protected against discrimination under

the Constitution as well as under the anti- discrimination provisions of the new Employment legislation.

S.23 (1) Constitution provides: “(1) Subject to the provisions of this section—

(a) no law shall make any provision that is discriminatory either of itself or in its effect; and

(b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

EOC:

(2) In this section the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly

to their respective descriptions by race, place of origin, political opinions, colour or creed, whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.

●Section 27 (1) of the Employment Rights Act provides that an employee has the right not to be unfairly dismissed by his employer.

EOC: ●Section 30 (1) of the Act provides: A dismissal of an employee

contravenes the right conferred on him by section 27 where ( c) the reason for the dismissal is: (v) that the employee had, or was believed to have HIV/AIDS or any

life threatening disease. (vii) that the employee is or was a disabled person (x) in the case of a female employee, her pregnancy or as reason

connected to her pregnancy (xi) a reason that relates to: (A) The race, colour, gender, age, marital status, religion, political

opinion or affiliation, national extraction, social origin or indigenous origin of the employee.

●Section 6 (1) of the Act establishes a tribunal called the Employment Rights Tribunal.

EOC: ●According Section 7 (1) the function of the tribunal is to

enforce the rights conferred upon persons by this Act. ●Section 7 (2): The jurisdiction of the tribunal is to

determine complaints made to it under this Act, and to make awards and other decisions in relation to those complaints in accordance with its [owers under this Act.

●Section 10: A person may appear before the tribunal in person or may be represented by

(a) Legal counsel (b) A representative of a trade union; or (c) Any other person whom he desires to represent him

Regulated Industries Commission;

In Barbados the Regulated Industries Commissions fall under the authority of the Fair Trading Commissions.

The Fair Trading Commission came into being on January 2nd, 2001, through the Fair Trading Commission Act.

Duties of the FTC:

Determining principles, rates and standards of service for regulated service providers;

Monitoring general business conduct Investigating possible breaches of the Acts administered

by the FTC. Educating and informing businesses and consumers

about the requirements of these Acts. Taking enforcement action when needed

Legislation:

The Fair Trading Commission assumed regulatory responsibilities on January 2, 2001 pursuant to the Fair Trading Commission Act, CAP. 326B. The Commission is responsible for the enforcement of the provisions of the Utilities Regulation Act, CAP. 282, the Telecommunications Act, CAP. 282B, the Fair Competition Act CAP. 326C and the Consumer Protection Act, CAP. 326D

Legislation:

The Fair Trading Commission assumed regulatory responsibilities on January 2, 2001 pursuant to the Fair Trading Commission Act, CAP. 326B. The Commission is responsible for the enforcement of the provisions of the Utilities Regulation Act, CAP. 282, the Telecommunications Act, CAP. 282B, the Fair Competition Act CAP. 326C and the Consumer Protection Act, CAP. 326D

REMEDIES:

Utilities Regulation Act, CAP. 282

Unfair or Anti-Competitive Conduct

What is meant by anti-competitive conduct? Section 13(2) of the Fair Competition Act prevents

agreements between businesses that have or are likely to have the effect of preventing, restricting or distorting competition in a market. This includes agreements that

Continuing:

directly or indirectly fix purchase or selling price or any other trading conditions

limit or control production, markets, investment or development

provide for the artificial divvying up of markets or sources of supply

affect tenders to be submitted in response to bids apply different conditions to equivalent transactions with

other parties engaged in the same trade (competitors) hence, putting them at a competitive disadvantage.

Telecommunications Sector: In consultation with stakeholders and telecommunications experts, the

government developed a pragmatic approach to telecommunications liberalization. It renegotiated its contract with the incumbent network, then enacted a package of legislation to transform the regulatory environment and prescribe market reform in stages. The legislative package reflects the tenets of the Telecommunications Reference Paper. Barbados chose to create provisions in its legislation on the disciplines of interconnection, independent regulator, universal service, allocation of scarce resources and competitive safeguards. These principles are of primary importance to liberalization due to the nature of the telecommunications industry. New entrants to the market must have the ability to interconnect to the incumbent network at a reasonable cost in order to provide services. An independent regulator is necessary to provide objective market oversight. Competitive safeguards are necessary to prevent anti-competitive practices by market participants. Implementation of these provisions has played a leading role in transforming the telecommunications market in Barbados.

Telecommunications Sector:

After the passage of new legislation and the consequent establishment of an independent regulator, Barbados undertook market reform in stages. The approach is designed to provide a smooth market transition from a monopoly to a competitive environment.

Continuing:

The central tenet of liberalization was the introduction of competition. The government negotiated a Memorandum of Understanding with the incumbent in October 2001 to bring an early end to its monopoly licence.(18)

Continuing:

The Barbados Fair Trading Commission is wrestling with a problem that regulators in the most sophisticated telecommunications markets tackle — how to loosen the grip of an obstructive incumbent loath to give up its profit centre. Regulators in developed and developing economies use different means to oversee and discipline reluctant incumbents including due process, incentives and punitive measures.

Adherence to due process helps to develop public confidence in the independence of the regulator and the fairness of its decisions. As an incentive to the incumbent, a regulator may offer new licences to provide new services with the potential for new earnings.

Regulators also use punitive measures in the form of fines or sanctions if more stringent means are necessary to influence the incumbent.

Need for telecommunication liberalization: The Barbadian desire for a dynamic information

communications market for the island propelled the transition to a liberalized environment. As an economy dependent on trade in services, Barbados adjusted domestic policy using WTO instruments as a reference to improve telecommunications services as a unique activity and as the foundation for other service activities.

The phased approach to telecommunications liberalization in Barbados made the Internet accessible, expanded mobile communications, and brought in new technology services despite interconnection delays.

WTO.org

Conclusion:

The above-mentioned sectors all work together to ensure protection and equality within the framework of our island Barbados.