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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Employment Standards Act
 
Legislature :
54
Session :
5
Bill No. :
27
Member :
Hon. McFarlane
First Reading :
2003-1-7
Second Reading :
2003-1-8
Committee of the Whole :
2003-1-15
Amended :
Third Reading :
2003-1-16
Royal Assent :
2003-2-21
Download PDF :
  Bill 27         
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Text of Bill :



Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 1 of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended by adding the following definition in alphabetical order:



"non-bargaining employee" means an employee whose terms and conditions of employment are not the subject of a collective agreement;



2                           The Act is amended by adding after section 16 the following:



MINIMUM REPORTING WAGE

16.1(1)          An employer shall pay a non-bargaining employee for not less than three hours of work at the minimum wage rate or for the hours the employee works at the employee's regular wage rate, whichever is greater, if the employee



(a)               reports for work as required by his or her employer,



(b)               has a regular wage rate of less than twice the minimum wage rate, and



(c)                is regularly employed for more than three consecutive hours in a shift.



16.1(2)          If an employee to whom subsection (1) applies has already worked the maximum hours of work prescribed under paragraph 9(1)(c), the employer shall pay the employee for not less than three hours of work at one and one-half times the minimum wage rate or for the hours the employee works at the employee's regular wage rate, whichever is greater.



16.1(3)          An employee shall be deemed to have worked any hours for which the employee is paid under subsection (1) or (2).



3                           Subsection 26(1) of the French version of the Act is amended in the portion preceding paragraph a) by striking out "rénumération" and substituting "rémunération".



4                           Subsection 38.1(5) of the Act is repealed and the following is substituted:



38.1(5)          The registrar of deeds shall file the certificate describing it as an "Employee Lien" and shall index the certificate in the appropriate registration index.



5                           Section 38.2 of the Act is amended



(a)               by adding after subsection (1) the following:



38.2(1.1)      The Director may obtain from the Personal Property Registry a verification statement showing that a notice of the certificate has been registered under subsection 38.1(6.1) and may cause the certificate or a certified copy of it to be filed in The Court of Queen's Bench of New Brunswick, and the certificate or certified copy shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced by the Director as a judgment obtained in the Court against the employer named in the certificate for a debt of the amount of money stated in the certificate.



(b)               by adding after subsection (2) the following:



38.2(3)          Where a certificate has been filed in accordance with subsection (1.1), any person may challenge the certificate in interpleader proceedings or on application to set aside any execution under it as provided for by the rules of The Court of Queen's Bench of New Brunswick and The Court of Appeal of New Brunswick.



6                           Subsection 38.4(2) of the Act is amended by striking out "Employees' Lien Index" and substituting "appropriate registration index".



7                           Subsection 38.5(2) of the Act is amended by striking out "Employees' Lien Index" and substituting "appropriate registration index".



8                           Subsection 38.6(3) of the Act is amended by striking out "Employees' Lien Index" and substituting "appropriate registration index".



9                           Section 45 of the Act is amended by adding after subsection (2) the following:



45(3)               The Minister may appoint an Employment Standards Officer as Deputy Director, and during the absence of the Director from his or her office or when the office of the Director is vacant, the Deputy Director has all the powers and is subject to all the duties of the Director.



10                        Subsection 60(1) of the Act is amended by adding after paragraph (k) the following:



(k.1)          any period during which the employee was on a leave of absence and the reason for the leave of absence;



11                        Section 72 of the Act is amended



(a)               in subsection (1) of the French version by striking out "dans les formes prescrites" and substituting "au moyen de la formule prescrite";



(b)               by adding after subsection (6) the following:



72(7)               An attaching order referred to in subsection (1) ceases to be valid after the expiration of the prescribed period unless, before the expiration of that period, the Director causes a renewal of the attaching order in the prescribed form to be served on the person on whom the original attaching order was served.



12                        Section 85 of the Act is amended by adding after paragraph (e) the following:



(e.1)          prescribe the period after which an attaching order ceases to be valid;


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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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