Regulations

(1) The Competent Minister may make regulations generally for giving effect to the provisions of this Act. (2) Without prejudice to the generality of sub-section (1), the Competent Minister may make regulations to, (a) identify those activities in respect of which the right of establishment shall not apply; (b) determine the conditions under which the right of establishment is to be exercised; (c) remove restrictions on the entry of managerial, technical and supervisory staff to be employed in an economic enterprise and their spouses and immediate dependent family members; (d) remove restrictions on the entry of spouses and immediate dependent family members of nationals exercising the right to provide (e) provide for the temporary imposition of restrictions under section 21; and (f) specify the nature of restrictions imposed pursuant to section 21. Caribbean Community (Movement of Factors) 27 SCHEDULE AMENDED LAWS (Section 8) Title of Enactment Amendment Effective date The Civil Aviation Act, Chapter 239 of the Substantive Laws of Belize, Revised Edition 2000. (i) In section 2, insert after the definition of “Belize aircraft,” the following definition: 31st December, 2003. “CARICOM Member state” means a State which is a party to the Treaty of Chaguaramas establishing the Caribbean Community, including the CARICOM Single Market and Economy;’; (ii) In section 21, insert after sub-section (4), the following new subsection: “(4A) The nationality of a national of a CARICOM State shall not be a ground for the refusal of the grant of an aerodrome licence an application for permission to construct an aerodrome or use of any place as an aerodrome under this section.” Caribbean Community 28 (Movement of Factors) The Air Transport (Licencing of Air Services) Regulations, (No. 4 of 1955) (i) In regulation 2, insert after the definition of “air services,” the following definition: 31st December, 2003. ‘“CARICOM Member State” means a State which is a party to the Treaty of Chaguaramas establishing the Caribbean Community including the Caricom Single Market and Economy;’; (ii) Insert after regulation 12 the following new regulation: “12A The nationality of a national of a CARICOM Member State shall not be a ground for the refusal of the grant of a licence under these Regulations.” (iii) In regulation 19 (1) (a), delete the word “Belize” occurring therein and replace it by the words “CARICOM Member State”. (iv) In regulation 24 insert after sub-regulation (2), the following new sub- regulation: “(2A) A conditionality under sub- regulation (1) shall not attach to any licence granted to a Caribbean Community (Movement of Factors) 29 person who is a national of a CARICOM Member State. The Chemist and Druggist Act, Chapter 311 of the Substantive Laws of Belize, Revised Edition 2000. (1) In section 2, insert after the definition “recognized pharmaceutical school”, the following definition, “Council for Human and Social Development” means the body of the Caribbean Community empowered by Article 35 of the Treaty of Chaguaramas establishing the Caribbean Community including the Caricom national Single Market and Economy to establish common standards and measures for accreditation or mutual recognition of diplomas, certification of nationals of Caricom Member States.” (2) In section 3– (a) delete paragraph (b) of sub-section (1) and replace it by the following“(b) is the lawful holder of a diploma or certificate from a pharmaceutical school for the time being recognized by, (i) the Board; or Caribbean Community 30 (Movement of Factors) (ii) the Council for Human and Social Development, as furnishing a sufficient guarantee of the possession of requisite knowledge and skill for conducting the business of chemist and druggist.”; (b) insert after sub- section (2), the following sub- section“(3) The Board, with the approval of the Minister, shall in the month of January of each year, publish in the Gazette a list of pharmaceutical schools for the time being recognised by the Board or the Council for Human and Social Development.”. The Registration of Nursing Homes Act, Chapter 324 of the Substantive Laws of Belize, Revised Edition 2000. (i) In section 2, insert before the definition of “Council” the following new definition: 31st December, 2003. ““CARICOM Member State” means a State which is a party to the Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Caribbean Community (Movement of Factors) 31 Single Market and Economy;”; (ii) in section 4, insert after subsection (2) the following new sub-section“(3) An application for registration of a nursing home under this Act shall not be refused on the ground that the applicant is a national of a CARICOM Member State”. Social Service Agencies Act, Chapter 45 of the Substantive Laws of Belize, Revised Edition 2000. (i) In section 2, insert before the definition of “license”, the following new definition31st December, 2003. ““CARICOM Member State” means a State which is a party to the Treaty of Chaguaramas establishing the Caribbean Community including CARICOM Single Market and Economy;” Cinematographs Act, Chapter 241 of the Substantive Laws of Belize, Revised Edition 2000. (ii) In section 3, insert after subsection (2), the following new subsection“(3) Permission to present or to allow to be presented by means of a cinematograph or other similar apparatus for the purpose of which films are used for exhibition of pictures or other optical effects under Caribbean Community 32 (Movement of Factors) this Act shall not be refused or revoked on the ground that the applicant is a national of a CARICOM Member State.”. Immigration Act, Chapter 156 of the Substantive Laws of Belize, Revised Edition 2000. (i) In section 2, insert after the definition “alien”, the following new definition31st December, 2003. ““CARICOM Member State” means a State which is a party to the Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy;”; (ii) Insert after section 19 the following new section“Application to CARICOM nationals.” “20 Sections 11, 12, 13, 15 and 16 of this Act do not apply to nationals of a CARICOM Member State who qualify under the Caribbean Community (Free Movement of Skilled Persons) Act and to their spouse and dependents.”. Aliens Registration Act, Chapter 160 of the Substantive Laws of Belize, In section 2, delete the definition of “alien” and substitute the following new definition31st December 2003. Caribbean Community (Movement of Factors) 33 Revised Edition 2000. ‘“alien” means a person who is not, (a) a citizen of Belize; (b) a national of CARICOM Member State; or (c) a Commonwealth citizen;’ The National Lands Act, Chapter 191 of the Substantive Laws of Belize, Revised Edition 2000. In section 47, delete the definition of “alien” and substitute the following definition31st December, 2003. ““alien” (a) in respect of a natural person, means a person, who is neither- (i) a citizen of Belize; (ii) a national of a CARICOM Member State; or (iii) a Commonwealth Citizen; (b) in respect of a company, means a company which is deemed to be under alien control in accordance with section 48;”; Nurses and Midwives Registration Act, Chapter 321 of the Substantive Laws of (i) in section 2, insert after the definition of “Council”, the following definition31st December, 2003. ““Council for Human and Social Development” means the body of the Caribbean Community 34 (Movement of Factors) Belize, Revised Edition 2000. Caribbean Community established by that name.”; (ii) In section 8 (3) (b), delete the words after the words “time being” and substitute the following“by the Council or the Council for Human and Social Development, as furnishing a sufficient guarantee of the possession of the requisite knowledge and skill for the efficient practice of midwifery, and is by law entitled to practice midwifery in the Commonwealth or such foreign country.”. Opticians Act, Chapter 322 of the Substantive Laws of Belize, Revised Edition 2000. (i) Insert, in section 2 after the definition of “Council” the following definition31st December, 2003. ““Council for Human and Social Development” means the organ of the CARICOM Community empowered by Article 35 of the Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy in establishing common standards and measures for accreditation or mutual recognition of diplomas, certification and Caribbean Community (Movement of Factors) 35 other evidence of qualification of nationals of Caricom Member States;”. (ii) Delete paragraph (b) of section 7 and replace it by the following“(b) any person who holds a diploma, licence or certificate granted to him by any University, college or institution recognized by the Council or by the Council for Human and Social Development as furnishing a sufficient guarantee of the possession of the requisite knowledge and skill for the efficient practice of optometry.”. SCHEDULE AMENDED LAW Title of Enactment Amendment Effective Date Auctioneers Act, Chapter 274 of the Substantive Laws of Belize, Revised Edition 2000-2003. (i) In section 2, add after the definition of “auctioneer”, the following definition, ‘“CARICOM Member State” means a State which is a party to the Treaty of Chaguaramas Establishing the Caribbean Community, Caribbean Community 36 (Movement of Factors) including the CARICOM Single Market and Economy”. (ii) In section 3, add the following proviso immediately after the proviso occurring therein, ‘“Provided that the nationality of a national of a CARICOM Member State shall not be a ground for the refusal of the grant of a licence by the local authority.” (iii) In section 4 (1), delete the word “Belize” occurring at the end thereof and replace it by the words “CARICOM Member State”. (iv) Add a new section 18 immediately after section 17 as follows, “No Visas, work permits, etc for CARICOM Nationals who are licensed auctioneers 18 (1) Notwithstanding anything to the contrary in any other law, where a national of a CARICOM Member State is licensed as an auctioneer under this Act, such a person shall not require a work permit to provide the services of an auctioneer in Belize, or an immigration visa or other immigration permit to Caribbean Community (Movement of Factors) 37 enter, leave or reside in, Belize for the purposes of providing services as an auctioneer. (2) For the purposes of providing services as an auctioneer, a person referred to in subsection (1) shall enjoy all the benefits, advantages and privileges conferred by law on a licensed auctioneer who is a citizen of Belize”. Veterinary Surgeons Act, Chapter 326 of the Substantive Laws of Belize, Revised Edition 2000-2003 (i) In section 2, add the following definitions in their proper alphabetical order31st December , 2004 ““CARICOM Member State” means a State which is a party to the Treaty of Chaguaramas establishing the Caribbean Community, including the CARICOM Single Market and Economy;” ““Council for Human and Social Development” means the body of the Caribbean Community empowered by Article 35 of the Treaty of Chaguaramas Establishing the Caribbean Community including the CARICOM Single Market and Economy to establish common standards and measures for Caribbean Community 38 (Movement of Factors) accreditation or mutual recognition of diplomas, certificates and other evidence of qualifications of nationals of CARICOM Member States;”; (ii) In section 4, add a new sub- section (3) immediately after sub-section (2) as follows“(3) The Board shall exercise the functions specified in sub- section (1) (a),(b), (c) and (d) subject to section 5(2)” (iii) Renumber section 5 as sub- section (1) and add a new sub- section (2) immediately thereafter as follows“(2) The nationality of a national of a CARICOM Member State shall not be a ground for– (a) the refusal to register a person; (b) the examination of a person prior to registration; or (c) the interview of a person prior to registration” (iv) In section 15 (2), delete paragraphs (a), (b) and (c) and replace them by the following, “(a) he is the lawful holder of a degree in veterinary surgery from a University or college for the time being recognized by the Board or the Council for Human Caribbean Community (Movement of Factors) 39 and Social Development as furnishing of possession of requisite knowledge, skill and training in veterinary surgery; or (b) he has any other suitable qualifications in veterinary surgery considered by the Board or the Council for Human and Social Development to be of at least an equivalent standard to that specified in paragraph (a); or (c) he has passed the examination referred to in section 16” (v) Add the following as new section 15(3) “(3) Subsection (2) shall apply equally without discrimination to citizens of Belize and nationals of CARICOM Member States” (vi) Renumber section 17 as sub- section (1), and add the following immediately thereafter, “(2) With effect from 31st December, 2004, every national of a CARICOM Member State who satisfies the requirements of section 15 (2) and who is desirous of practicing as a veterinary surgeon or veterinary specialist shall submit an Caribbean Community 40 (Movement of Factors) application for registration to the Board in the prescribed form accompanied by the prescribed fee and such an application shall be considered in accordance with the provisions of this Act.” (vii) In section 18 (1), delete the words “section 15” occurring therein, and re- place them by the words “section 15 and section 17 (2)”. (viii) In section 19, add a new sub-section (2A) immediately after sub-section (2) as follows, “(2A) The requirement of a work permit in sub-section (2) shall not apply in respect of a national of a CARICOM Member State.” (ix) In section 21 (1) (b), delete the word “or” occurring at the end thereof, and replace it by the words “or the Council for Human and Social Development; or”. (x) In section 22, add a new sub- section (2A) immediately after subsection (2) as follows, “(2A) The requirement of a work permit in sub-section (2) shall not apply to a national of a CARICOM Member State”. Accountancy Profession Act, Chapter 305 of (i) Amend section 2 as follows, Caribbean Community (Movement of Factors) 41 the Substantive Laws of Belize, Revised Edition 2000-2003 (a) add the following definitions in their proper alphabetical order “CARICOM Member State” means a State which is a party to the Treaty of Chaguaramas establishing the Caribbean Community, including the CARICOM Single Market and Economy ‘“Council for Human and Social Development” means the body of the Caribbean Community empowered by Article 35 of the Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy to establish common standards and measures for accreditation or mutual recognition of diplomas, certificates and other evidence of qualification of nationals of CARICOM Member States”; (b) delete the definition of “scheduled societies” and replace it by the following “schedule societies” means (a) the societies set out in the Second Schedule hereto and any Caribbean Community 42 (Movement of Factors) other professional accountancy body that may be approved from time to time by the Council of the Institute; and (b) any society or other professional accountancy body that may be approved from time to time by the Council for Hu- man and Social Development”. (ii) In section 9, add a new subsection (3A) immediately after subsection (3) as follows, “(3A) The nationality of a national of a CARICOM Member State shall not be a ground for the refusal of an application for exemption pursuant to subsection (3)” (iii) In section 10, sub-section (1)– (a) delete the word “Belize” occurring in paragraph (a) and (b) and replace it by the words “CARICOM Member State” (b) add the words “or some other accountancy course certificates from a school, university or college recognized and approved by the Council for Human and Social Development” immediately after the words “Belize College of Arts, Science and Technology accountancy Caribbean Community (Movement of Factors) 43 course certificates” occurring in paragraph (c) (c) add the words “or some other society or body of professional accountants recognized and approved by the Council for Human and Social Development” at the end of paragraph (d)) (d) add the words “ or the Council for Human and Social Development” immediately after the word “Council” occur- ring in paragraph (e) (iv) Add a new sub-section (1A0 immediately after sub-section (1) in section 10 as follows “(1A) The nationality of a national of CARICOM Member State shall not be a condition for the refusal of registration under this section, and such a national, when registered, shall not require a work permit to practice the profession of accountancy, or any visa or other immigration permit to enter or leave Belize, or to reside in Belize for the purpose of practicing the profession of accountancy” Legal Profession Act, Chapter 320 of the Substantive Laws of Belize, (i) In section 2 (1), add the following definition in its proper alphabetical orderCaribbean Community 44 (Movement of Factors) Revised Edition 200-2003 “CARICOM Member State which is a party to the Treaty of Chaguaramas establishing the Caribbean Community, including the CARICOM Single Market and Economy,”. (ii) Repeal section 6 and replace it by the following“6 (1) A person who after the commencement of this section applies to be admitted to practice law, and who satisfies the Supreme Court that he (a) is a national of CARICOM Member State and holds the Bachelor of Laws Degree and the Legal Education Certificate; or (b) is a national of a CARICOM Member State who is admitted to practice law in a CARICOM Member State; or (c) holds a Bachelor of Laws Degree or its equivalent granted by a Common- wealth University, and possesses suitable practical experience and competence and is qualified to practice law in a CARICOM Member State, and is of good character, shall upon compliance with the Caribbean Community (Movement of Factors) 45 requirements of this Act, and unless the person is exempt therefrom, on payment to the Registrar of the appropriate fee for registration and upon payment to the Bar Association of the annual subscription in respect of membership of that Association, be admitted to practice law and be entered on the Roll by Order of the Court. (2) The Chief Justice may prescribe the practice and procedure to be followed in relation to applications under this section. (3) Nothing in sections 5,8 and 10 shall affect any law placing restrictions on any person, not being a national of a CARICOM Member State referred to in sub-section (1), entering, leaving, residing or practicing law in Belize” (iii) Repeal subsection (1) of section 8 and re- place it by the following, “(1) Notwithstanding section 6, a person who holds an office of law officer of the Government as specified in Schedule II, or as designated by the Attorney General from time to time by Order published in the Gazette shall, upon payment to the Caribbean Community 46 (Movement of Factors) Association of the annual subscription in respect of membership thereof, be entitled ex officio to be admitted and enrolled as an attorney-at-law without payment of a fee and so long as he continues to hold such office or to exercise and perform the duties of such office such person shall be entitled to practice law in all courts in Belize without holding a Practising Certificate.” (iv) Add a new section 10A immediately after section 10 as follows, CARICOM Nationals 10A. A national of a CARICOM Member State who is admitted as an attorney-at-law under this Act shall not require a work permit; a visa or other immigration permit for him to enter, reside in or leave Belize for the purpose of practicing the profession of law” Medical Practitioners Act, Chapter 318 of the Substantive Laws of Belize, Revised Edition 2000-2003 (i) In section 2, add the following definitions in their proper alphabetical OrderCaribbean Community (Movement of Factors) 47 ‘“CARICOM Member State” means a State which is a party to the Treaty of Chaguaramas Establishing the Caribbean Community, including the CARICOM Single Market and Economy’; ‘“Council for Human and Social Development” means the body of the Caribbean Community empowered under Article 35 of the Treaty of Chaguaramas Establishing the Caribbean Community including the CARICOM Single Market and Economy, to establish common standards and measures for accreditation or mutual recognition of diplomas, certificates and other evidence of qualification of CARICOM Member States’ (ii) In the proviso to section 3 (1), delete the words “shall be of Belizean nationality” occurring therein and replace them by the words “shall be a national of a CARICOM Member State”. (iii) Renumber section 4 (1) as sub-section (a), and add a new sub-section (b) immediately after sub-section (c) as follows, “(2) Sub-section (1) (a), (b) and (c) shall not apply in respect of a national of a CARICOM Caribbean Community 48 (Movement of Factors) Member State who is an applicant who holds qualification recognized and approved by the Council of Human and Social Development “ (iv) In section 7, add a new sub- section (2A) immediately after subsection (2) as follows, “(2A) For the purpose of sub- section (1), and notwithstanding anything to the contrary in sub- section (2), a national of a CARICOM Member State is qualified to be registered as a medical practitioner who holds a qualification recognized and approved by the Council for Human and Social Development.” (v) In section 7, add a new sub- section (8) immediately after sub-section (7) as follows, “(8), Sub-section (7) shall not apply to a national of a CARICOM Member State”. (vi) In section 8, add a new sub- section (1A) immediately after subsection (1) as follows, “(1A). Sub-section (1) shall not apply to an applicant who is a national of a CARICOM Member State who holds qualifications recognized and Caribbean Community (Movement of Factors) 49 approved by the Council for Human and Social Development”. (vii) In section 9, add the words “or the Council for Human or Social Development” immediately after the word “Council” wherever occurring therein. (viii) Add a new section 24 immediately after section 23 as follows, “CARICOM Nationals 24(1) Where a national of a CARICOM Member State is registered as a medical practitioner under this Act, such national shall not require a work permit, a visa or other immigration permit in order for him to enter, leave or reside in Belize for the purpose of practicing as a medical practitioner. Caribbean Community 50 (Movement of Factors) (2) The provisions of this Act shall apply equally without discrimination to citizens of Belize and nationals of a CARICOM Member State”. Land Surveys Act, Chapter 187 of the Substantive Laws of Belize, Revised Edition 2000-2003 (i) In section 2, add the following definitions in their proper alphabetical order31st December, 2004 “CARICOM Member State” means a State which is a party to the Treaty of Chaguaramas Establishing the Caribbean Community, including the CARICOM Single Market and Economy;’ “Council for Human and Social Development” means the body of the Caribbean Community empowered under Article 35of the Treaty of Chaguaramas Establishing the Caribbean Community, including the CARICOM Single market and Economy to establish common standards and measures for accreditation or mutual recognition of diplomas, certificates and other evidence of qualification of nationals of CARICOM Member States”. Caribbean Community (Movement of Factors) 51 (ii) Renumber section 5 as sub- section (1), and add the following as new sub-section (2)“(2) Sub-section (1) (b) and (c) shall not apply to a national of a CARICOM Member State who possesses a qualification recognized and approved by the Council of Human and Social Development”. (iii) Add a new sub-section (1A) to section 6 immediately after sub-section (1) as follows“(1A) Notwithstanding anything to the contrary in sub-section (1), the Board shall recommend to the Minister the grant of a licence to a national of a CARICOM Member State who possesses a qualification recognized and approved by the Council for Human and Social Development, and sub-section (2) shall not apply to such national”. (iv) Add a new section 11A immediately after section 11 as follows“CARICOM Nationals 11A (1) A national of a CARICOM Member States who is registered as a land surveyor under this Act shall not require a Caribbean Community 52 (Movement of Factors) work permit, a visa or other immigration permit to enter, remain in, or leave Belize for the purpose of practicing as a land surveyor (2) Sub-section (1) applies notwithstanding anything to the contrary in any other law, the provisions of this Act shall apply equally and without discrimination to citizens of Belize and nationals of CARICOM Member States’. Professional Architects (Registration) Act, Chapter 326:02 of the Substantive Laws of Belize, Revised Edition 2000-2003 (i) In section 2, add the following definitions in their proper alphabetical order‘“CARICOM Member State” means a State which is a party to the Treaty of Chaguaramas Establishing the Caribbean Community, including the CARICOM Single Market and Economy’; ‘“Council of Human and Social Development” means the body of the Caribbean Community empowered by Article 35 of the Treaty of Chaguaramas establishing the Caribbean Caribbean Community (Movement of Factors) 53 Community including the CARICOM Single Market and Economy to establish standards and measures for accreditation or mutual recognition of diplomas, certificates and other evidence of qualification of nationals of CARICOM Member States.’ (ii) Add a new section 24A immediately after section 24 as follows“CARICOM 24A (1) The Board shall, Nationals in making a recommendation to the Council under section 13 (2) (a), recognize any qualification recognized and approved by the Council of Human and Social Development, and the holder of such qualification shall not submit to the examination referred to in section 13 (2) (b). (2) A person who is a national of a CARICOM Member State is qualified to be registered as a professional architect under section 13 (4) (a) if– (a) the person possesses the qualification set out in section 13 (5); or (b) the person possesses qualification and approved by the Council for Human and Social Development. Caribbean Community 54 (Movement of Factors) (3) Where in this Act any restriction is placed on admission to registration as a professional architect, or on admission to the categories of professional architects, or on the practice of the profession of professional architecture, such restriction shall apply equally without discrimination to citizens of Belize and to nationals of CARICOM Member States. (4) Notwithstanding any other law to the contrary, but subject to this Act, a national of a CARICOM Member State who is registered as a professional architect shall have the right to enter, reside in and work as a professional architect in Belize without the requirement of obtaining a work permit, a visa or other immigration permit.” Professional Engineers (Registration) Act, Chapter 326:03 of the Substantive Laws of Belize, Revised Edition 2000-2003 (i) In section 2, add the following definitions in their proper alphabetical order‘“CARICOM Member State” means a State which is a party to Caribbean Community (Movement of Factors) 55 the Treaty of Chaguaramas Establishing the Caribbean Community, including the CARICOM Single Market and Economy’; ‘“Council of Human and Social Development” means the body of the Caribbean Community empowered by Article 35 of the Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy to establish standards and measures for accreditation or mutual recognition of diplomas, certificates and other evidence of qualification of nationals of CARICOM Member States.’ (ii) Add a new section 24:01 immediately after section 24 as follows24:01 (1) The Board shall, in making a recommendation to the Council under section 13 (2) (b) (a), recognize any qualification recognized and approved by the Council of Human and Social Development, and the holder of such qualification shall not submit to the examination referred to in section 13 (2) (b). (2) A person who is a national of a CARICOM Member State is Caribbean Community 56 (Movement of Factors) qualified to be registered as a professional engineer under section 13 (4) (a) if– (a) the person possesses the qualifications set out in section 13 (5); or (b) the person possesses qualifications recognized and approved by the Council for Human and Social Development’.