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COVID-19 Legal Updates

We at Hamel-Smith recognize the unprecedented impact that Covid-19 is having to business and operations locally. The situation remains fluid, fast changing and challenging for all. We are striving to find ways to continue to keep you, our clients, up to date in relation to the current framework emanating from this pandemic. We know that you are probably already receiving extensive information about Covid-19 and we therefore aim to provide a simple overview of the existing measures in these updates.

Last Updated: June 8, 2020

A comprehensive overview of all measures taken by the Government of the Republic of Trinidad and Tobago in connection with the Covid-19 crisis is available for download here.

The primary measures and restrictions currently in force the Republic of Trinidad and Tobago are, as of June 8 2020, are consolidated in  the Public Health [2019 Novel Coronavirus (2019-nCoV)] (No 17) Regulations 2020 (“Regulation No. 17”). These, along with other material Covid-19 related steps implemented in Trinidad and Tobago, are summarised in this Blog post.

For more information on how these measures or the current climate may impact you or your business, feel free to contact our Covid-19 Information Portal at covid19@trinidadlaw.com.

TRAVEL RESTRICTIONS

Individuals

A number of travel limitations are currently in place, including but not limited to, the closure of borders to the entry and exit of all nationals and non-nationals, appointment only applications for passports, the suspension of all permanent residency and citizenship interviews and the suspension of the issuing of visas to foreign nationals.

For further information, please see the Ministry of National Security’s Facebook page where updates are regularly posted as well as Regulation No. 17.

Cargo

The entry of cargo by air and sea transport is presently permitted.

RESTRICTED BUSINESSES

Bars, Clubs, Religious Services, Gaming Houses, Cinemas, Seated Dining

For the period 22 March – 15 May 2020, the operation of certain businesses is restricted. These restricted businesses include bars, clubs, theatres, gaming houses, religious services and seated dining at restaurants. Public gatherings have also been limited to five (5) persons. Penalties, such as a fine and imprisonment, are in place for failure to adhere to these restrictions.

April 7 Update: The operation of any businesses under or pursuant to a spirit retailer licence, a wine retailer licence, a restaurant licence, or a wine merchant licence except if such premises is a discount store, a market, or a supermarket is now strictly prohibited under Regulation 8.

April 9 Update: Regulation No. 8 has been repealed and replaced by Regulation No. 9 which is linked above. In addition, Regulation No. 9 strictly provides that the operation of any business under or pursuant to a spirit grocer licence is prohibited.

April 16 Update: Note that Regulation No. 9 has been repealed and revoked by Regulation 10 (linked above).

April 20 Update: Note that Regulation No. 10 has been repealed and revoked by Regulation No. 11 (linked above).

April 25 Update: Note that Regulation No. 11 has been repealed and revoked by Regulation No. 12 (linked above).

May 10 Update: Note that Regulation No. 12 has been repealed and revoked by Regulation No. 13 (linked above). Onsite consumption of food or beverage provided by street vendors is prohibited, although restaurants are permitted to operate via curbside, takeout and delivery methods.

May 13 Update: Note that Regulation No. 13 has been repealed and revoked by Regulation No. 14 (linked above).

May 31 Update: Note that Regulation No.15 has been repealed and revoked by Regulation No. 16 (linked above). Hotels with outdoor facilities will be allowed to provide some degree of in-house service, provided that safety protocols are complied with.

June 8 Update: Note that Regulation No.16 has been repealed and revoked by Regulation No. 17 (linked above). From June 11, 2020, religious and ecclesiastical services may resume if Ministry of Health guidelines on social distancing are observed. The restriction of the number of persons present in a public gathering will no longer applies to religious gatherings or services from June 11, 2020.

Public Transport

For the period 30 March – 26 June 2020, the number of passengers travelling by public transportation is limited to half the number of passengers for which the operator is licensed to carry. Penalties, such as a fine and imprisonment, are in place for failure to adhere to these restrictions.

April 3 Update: These restrictions have been extended to the 30th April, 2020 by Public Health [2019 Novel Coronavirus (2019-nCoV)] (No. 7) Regulations 2020 (“Regulation No. 7”), available here.

April 9 Update: Regulation No. 8 has been repealed and replaced by Regulation No. 9 .

April 16 Update: Regulation No. 9 has also been repealed and replaced by Regulation No. 10.

April 20 Update: Note that Regulation No. 10 has been repealed and revoked by Regulation No. 11 (linked above).

April 25 Update: Note that Regulation No. 11 has been repealed and revoked by Regulation No. 12 (linked above).

May 10 Update: Note that Regulation No. 12 has been repealed and revoked by Regulation No. 13 (linked above).

May 13 Update: Note that Regulation No. 13 has been repealed and revoked by Regulation No. 14 (linked above).

May 31 Update: Note that Regulation No. 15 has been repealed and revoked by Regulation No. 16 (linked above). Air travel between Trinidad and Tobago will be lifted from the 1st June so that more flights are available to the public.

June 8 Update: Note that Regulation No. 16 has been repealed and revoked by Regulation No. 17 (linked above). The number of passengers that may be carried in public transport has been increased to three quarter the number of passengers for which the vehicle is licensed to carry.

For the avoidance of doubt, the restrictions referred to above continue until 26th June, 2020 under Regulation No. 17.  

Shelter-in Place / Non-Essential Services

For the period 30 March – 26 June 2020, persons shall not without reasonable justification be at any workplace unless (1) the workplace is an ‘essential service’ as prescribed by the Regulations (2) the presence of the person at work is essential and  (3) it is not practicable to work from home. Penalties, such as a fine and imprisonment, are in place for failure to adhere to these restrictions.

April 7 Update: The Shelter-in Place restriction and prohibition of the conduct or operation of business which are not “essential services” have been extended to the 30th April 2020 by Regulation No. 8.

April 9 Update: Regulation No. 8 has been repealed and replaced by Regulation No. 9 which is linked above.

April 16 Update: Regulation No. 9 which has been repealed and replaced by Regulation 10 (linked above).

April 20 Update: Note that Regulation No. 10 has been repealed and revoked by Regulation No. 11 (linked above).

April 25 Update: Note that Regulation No. 11 has been repealed and revoked by Regulation No. 12 (linked above).

May 10 Update: Note that Regulation No. 12 has been repealed and revoked by Regulation No. 13 (linked above). Construction works related to food production and agriculture have been included among the “essential services”.

May 13 Update: Note that Regulation No. 13 has been repealed and revoked by Regulation No. 14 (linked above).

May 31 Update:  Note that Regulation No. 15 has been repealed and revoked by Regulation No. 16 (linked above). Professionals such as engineers, architects, valuators assessors, land, quantity and other surveyors are now included and may provide services until 6 pm daily. General retail services can be opened, until 6 pm daily. The National Lotteries Control Board’s business can resume but must close at 6pm daily.

June 8 Update: Note that Regulation No. 16 has been repealed and revoked by Regulation No. 17 (linked above). Spas, barbers, hairdressers, estheticians, nail technicians or such similar service providers may now provide services until 6 pm daily. Domestic workers, gardeners and any other worker employed to assist a household may now resume providing services.

For further information regarding the “shelter in place” restrictions, please see our blog post, “COVID-19 UPDATE: ‘STAY AT HOME’ AND ESSENTIAL SERVICES REGULATIONS ISSUED“.

For the avoidance of doubt, the restrictions referred to above continue until 26th June, 2020 under Regulation No. 17.  

RELIEF

Companies

A number of measures have been implemented by the Government to assist companies with the financial impact of the Covid-19 pandemic, including but not limited to, reducing the reserve requirement for commercial banks and reducing the repo rate.

For further information, please see the Economic Support Measures and the Additional Support Measures on the Ministry of Finance’s website.

Individuals

A number of measures have also been implemented to assist individuals who have faced financial hardships as a result of the Covid-19 pandemic, including but not limited to, the implementation of a Salary Relief Grant, a deferral/moratorium of payments to the Housing Development Corporation.

For more information, please see the following links:

http://news.gov.tt/content/here-are-some-quick-facts-about-social-support-grants-covid-19-and-how-apply-them#.XoTLD4hKiUl

https://hdc.gov.tt/2020/03/24/deferralmoratorium-hdc-payments/

https://www.ttmf-mortgages.com/2020/03/24/deferral-of-mortgage-payments/

https://www.facebook.com/MinistryofSocialDevelopmentandFamilyServices/posts/2715714975213073

https://www.finance.gov.tt/2020/03/24/update-additional-support-measures-to-alleviate-the-effects-of-the-covid-19-pandemic/ (Slide 7)

https://www.facebook.com/ministryofcommunicationstt/posts/977829985994180

https://www.finance.gov.tt/2020/04/05/salary-relief-grant/

VAT Refunds

The Government has promised to expedite the repayment of VAT refunds due to eligible VAT-registered persons by processing cheques for VAT refunds less than TT$250,000 and passing the necessary legislative framework where repayment will be made by way of issued bonds.

For further information in respect of these VAT Refunds and what eligible persons may expect, see our blog post, “VAT Refunds: What to Expect?“.

Extensions of time and relief under the Miscellaneous Provisions [2019 Novel Coronavirus (2019-nCoV)] Act, 2020

The Miscellaneous Provisions [2019 Novel Coronavirus (2019-nCoV)] Act, 2020 (the ‘Miscellaneous Provisions Act’) was enacted in response to the Covid-19 crisis and serves the purpose of maintaining the validity of certain prescribed instruments and licenses which would have otherwise expired during the period of the 27th March, 2020 to the 31st July, 2020.  This period can be extended by the Minister through the issue of an Order under the Miscellaneous Provisions Act.

The extensions include:

Filings with the Companies Registry

The Miscellaneous Provisions Act serves to create an amnesty for penalties that would have otherwise accrued in respect of the late filing of documents required to be filed with the Registrar of Companies in accordance with the Companies Act, Chap. 81:01 during the period of the 20th March, 2020  to  the 31st July, 2020.

The relief is no doubt granted in light of the reduced operations* of the Companies Registry and the “shelter-at-home” measures introduced to combat, and slow the spread of, the coronavirus.  Such measures are likely to cause delays and potentially hamper a person’s ability to complete the requisite filings in a timely fashion.

It should be noted that the relief granted is not to waive the requirements to make the filing, but merely waives the penalties in respect of late filings.  As such, persons are still required to complete all requisite filings required to be made under the Companies Act and, in order to rely on the waiver of penalties, such filings must be made within the period of the 20th March, 2020  to  the 31st July, 2020.

*Presently, filings can only be done through the booking of appointments with the Companies Registry.

Instruments issued or to be registered under the Motor Vehicles and Road Traffic Act, Chap. 48:50

Driving permits, taxi driver licences, badges, certificates or other documents issued by the Licensing Authority which would otherwise have been due to expire during the period of the 27th March, 2020 to the 31st July, 2020 are now deemed to be valid up to 31st August, 2020.

Additionally, any transfer of registration required to be completed prior to or during the period 27th March, 2020 to 31st July, 2020 has been extended to 31st August, 2020.

Bills of Sale

Any bills of sale requiring registration under the Bills of Sale Act Ch. 82:32, including any assignment or transfer thereof, which were (i) executed but unregistered; (ii) not renewed; or (iii) due to lapse during the period of the 27th March, 2020 to the 31st July, 2020,  are deemed to be valid until the 31st August 2020, on the condition that such instruments are registered in accordance with the Bills of Sale Act on or before the 31st August 2020.

Other instruments

The Government has extended the validity period for licences issued under the following Acts of Parliament where such licences would have otherwise expired during the period of the 27th March, 2020 to the 31st July, 2020:

  • The Cinematograph Act;
  • The Registration of Clubs Act;
  • The Theatre and Dance Halls Act;
  • The Money Lenders Act;
  • The Pawnbrokers Act;
  • The Licensing of Dealers (Precious Metals and Stones) Act; and
  • The Old Metal and Marine Stores Act.

These licences are now deemed to be valid until the 31st August, 2020.

Filing and reporting obligations under the Securities Act, 2012

April 27 Update:

The Trinidad and Tobago Securities Exchange Commission (‘TTSEC’) announced a sixty (60) day moratorium in respect of all disclosure and statutory filing obligations required to be made by Broker-Dealers, Investment Advisers, Underwriters, Registered Representatives (“Registrants”) and non-registrants during the period of 16th March 2020 to the 1st June 2020. The moratorium on the conditions that:

  • a Registrant which is required to make a filing to the TTSEC is required to instead submit to the TTSEC a Form 6 – Notification advising the TTSEC that it is unlikely to satisfy such filing obligation within the prescribed time.
  • a non-registrant for which a filing or other statutory obligation arises is required to provide written notification to the TTSEC of its inability
    to meet such statutory obligations on a timely basis.

In each case, the notifications are required to:

  • be made in a timely fashion*;
  • detail the circumstances which have led to registrant or non-registrant being unable to meet its statutory obligations within the prescribed time; and
  • include an estimated date by which the Registrant or non-registrant expects to meet the said statutory obligations.

*It should be noted that the timeframes prescribed by By-Law 53 of the Securities Act (General) By-Laws, 2015 will apply for these filings. As such in the case of Registrants (other than reporting issuers), the Form 6 Notification should be filed with the TTSEC within 7 days of the Registrant becoming aware that it will be unable to satisfy its statutory obligations. Reporting issuers will have 14 days from becoming so aware for the filing of the Form 6 Notification.

The TTSEC has also extended the validity of registrations of Self-Regulatory Organizations (“SROs”) and Registrants by sixty (60) days where such SRO or Registrant is unable to apply for the renewal of its registration before the due date for submitting such an application. This extension applies to applications for renewal of registration due to be submitted to the TTSEC during the period 16th March 2020 to 1st June 2020. A SRO or a Registrant wishing to benefit from this extension is required to submit to the TTSEC written notification: (i) forthwith, where the relevant submission became due between 16th March 2020 and April 27th 2020; or (ii) before the due date of the submission where that submission will become due after April 27th 2020.

June 8 Update: The TTSEC offices have been reopened with regular hours of 8am to 4pm, Monday to Friday with certain Covid-19 safety protocols in place.

INDUSTRY/PRACTICE GUIDANCE

Employment

In addition to employers’ general duty to ensure the health, safety and welfare of all employees at work, good industrial relations practice require employers to (1) act more flexibly, reasonably and compassionately than they would during normal business operations and (2) consider as best as reasonably possible, the individual circumstances of each employee. The Ministry of Labour has established workplace guidelines due the closure of schools and has directed that employers implement Pandemic Leave provisions within their organizations in a compassionate manner.

For further information, please see the following links along with our blog post, Covid-19: FAQs for Employers:

https://osha.gov.tt/Portals/0/Documents/Media%20Releases/COVID-19.pdf?ver=2020-03-13-101321-867

https://www.molsed.gov.tt/mediaroom/latest-news-events/441-statement-by-minister-of-labour-on-workplace-guidelines-on-the-closure-of-schools

Contracts

Commercial contracts for the supply of goods and services may be impacted as a result of one or more parties’ inability to fulfil their obligations under the contract or to pay for the provision of goods and services. Parties should therefore carefully review their contracts to refamiliarize themselves with the terms relating to remedies for breach of contract and the circumstances in which termination may apply. Parties should consider whether their circumstances fall within the scope of a ‘force majeure’ clause or on the other hand, whether performance becomes impossible or impracticable thereby frustrating the contract.

For further information, please see the following blog post: Covid-19 and your contract

AML/CFT Compliance

The Central Bank of Trinidad and Tobago, the Trinidad and Tobago Securities and Exchange Commission, and the Financial Intelligence Unit of Trinidad and Tobago have issued Joint Regulatory Guidance on anti-money laundering and counter-terrorism financing and proliferation financing (‘AML/CFT’) obligations (the ‘Guidance’) in light of the current Covid-19 pandemic.

While there have been no changes to the legal regime governing entities’ AML/CFT obligations, the Guidance recognizes that the Covid-19 pandemic may require changes to entities’ AML/CFT policies and procedures and offers suggestions as to the changes that may adopted. The Guidance also highlights risks that entities may face during the Covid-19 pandemic in relation to money-laundering, terrorism financing, and proliferation financing. The full text of the Guidance is accessible here and our overview of the Guidance is available in our Covid-19 Portal blog post, “COVID-19 Legal Update: Joint Regulatory Guidance for AML/CFT Compliance“.


A full listing of the sources of the measures mentioned above are available at the following link: COVID-19 Legislation and Regulations.

 

Disclaimer: This document provides general guidance only and nothing in this document constitutes legal advice. Should you require specific assistance, please contact your attorney-at-law.
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