October 31, 2022
BASSETERRE, ST KITTS: The Chambers of the Attorney-General hereby summarizes the following bills passed by the National Assembly on October 27, 2022 for the benefit of the general public.
St Kitts Investment Promotion Agency (Amendment) Act
The original Act, passed in 2007, created a statutory corporation named the St Kitts Investment Promotion Agency [“SKIPA”] led by a Board of Directors and CEO to promote and facilitate investment in St Kitts. Previously, the Minister of Finance had the power, with approval of Cabinet, to appoint and terminate the Directors and CEO; authorize financing; and make Regulations.
The Amendment has simply made the Minister responsible for Investment the Minister with those powers. The Right Honourable Dr Denzil Douglas, Minister of Economic Development and Investment, will now hold the statutory powers with respect to SKIPA.
Public Health (Amendment) Act
The original Act, passed in 1969, provides the Minister of Health with wide ranging powers to make Regulations to protect the health of the Federation’s residents. It includes powers to regulate the prevention, treatment, limitation and suppression of disease; the publication of reports, information and advice concerning public health; and the education of the public in the promotion and preservation of health. The Covid-19 (Prevention and Control) Act [“the Covid Act”] was passed in 2020 to create public health restrictions to address the recent pandemic.
The Amendment has repealed the Covid Act and given the Minister of Health the power to specifically create Regulations to manage any potential further outbreaks of Covid-19. All of the pandemic related restrictions are now removed. On being appointed, Senior officials in the Ministry of Health advised the Minister of Health, Hon. Dr. Terrance Drew, that the pandemic restrictions were no longer needed, since May 2022.
Civil Aviation (Amendment) Act
The original Act, passed in 2004, creates provisions for the regulation, operation and control of civil aviation in the Federation. In 2020, the Eastern Caribbean Civil Aviation Authority “ECCAA” lost the Category 1 status accorded it by the US Federal Aviation Authority [“FAA”], as a result of its failure to make certain adjustments. Carriers from Category 1 countries are permitted to operate into the US and/or code share with US air carriers, in accordance with the US Department of Transportation authorisations. Carriers from Category 2 countries that operate into the United States and/or code share with US air carriers have such services limited to the levels that existed at the time of the assessment.
In an effort to persuade the FAA that the ECCAA Members deserve to be returned to Category 1 Status, OECS Nations have agreed to pass harmonized amendments to their Civil Aviation legislation allowing the Director-General of the ECCAA to make Regulations for safety and security at our sub-regional airports and other related amendments. The Minister of Civil Aviation, Hon. Marsha Henderson, has signed the related Treaty Amendment.