Acts and Regulations

2014-116 - Employment Standards Act

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NEW BRUNSWICK
REGULATION 2014-116
under the
Employment Standards Act
(O.C. 2014-318)
Filed August 12, 2014
1Section 4 of New Brunswick Regulation 85-179 under the Employment Standards Act is amended
(a) in subsection (1) in the portion preceding paragraph (a) by adding “or section 44.031” after “section 8”;
(b) in subsection (2) by adding “or section 44.031” after “section 8”.
2The Regulation is amended by adding after section 11.1 the following:
11.2(1)The following provisions of the Act are prescribed for the purpose of subsection 64.1(1) of the Act:
(a) section 16;
(b) subsection 16.1(1);
(c) subsection 16.1(2);
(d) subsection 18(2);
(e) subsection 19(1);
(f) section 20;
(g) subsection 21(1);
(h) subsection 22(3);
(i) subparagraph 25(1)(b)(i);
(j) subparagraph 25(1)(b)(ii);
(k) paragraph 26(1)(a);
(l) paragraph 26(1)(b);
(m) subsection 35(1);
(n) subsection 35(2);
(o) subsection 35(3);
(p) subsection 38.9(2); and
(q) subsection 60(1).
11.2(2)The following provisions of the regulations are prescribed for the purpose of subsection 64.1(1) of the Act:
(a) sections 4 to 6 of the Minimum Wage Regulation - Employment Standards Act;
(b) sections 4 to 7 of the Minimum Wage for Categories of Employees in Crown Construction Work Regulation - Employment Standards Act; and
(c) section 4 of the Minimum Wage for Counsellor and Program Staff at Residential Summer Camps Regulation - Employment Standards Act.
11.2(3)A notice of non-compliance issued under subsection 64.1(3) of the Act shall contain the following information:
(a) the provision of the Act or the regulations that has been contravened;
(b) a statement of what is required for the person who has been issued the notice to comply with the provision;
(c) a statement that if the person who has been issued the notice does not comply with the provision within 30 days after receiving the notice,
(i) the Director may make an order under subsection 65(1) of the Act with respect to the contravention and that order shall impose an administrative penalty and include the amount of penalty in the stated amount payable under the order, or
(ii) if the Director does not make an order under subsection 65(1) of the Act, the Director shall set aside the notice of non-compliance;
(d) the amount of administrative penalty payable if the Director makes an order; and
(e) a statement that an administrative penalty is payable to the Minister of Finance.
11.2(4)For the purpose of subsection 64.2(2) of the Act, the following amounts are prescribed with respect the contravention of a provision prescribed under subsection (1) or (2):
(a) for the first contravention of the provision, $150;
(b) for the second contravention of the provision, $300;
(c) for the third contravention of the provision, $450;
(d) for the fourth contravention of the provision, $600;
(e) for the fifth contravention of the provision, $750; and
(f) for the sixth or subsequent contravention of the provision, $900.
11.2(5)The contravention of a provision of the Act or the regulations by a person shall be deemed to be a first contravention if a period of five years has elapsed since the person was issued a notice of non-compliance for a contravention of the same provision.
3Form 1 of the Regulation is amended
(a) by adding after subparagraph (c)(iv) the following:
(iv.1) an administrative penalty in the amount of __________,
(b) in the portion following paragraph (d) by adding “, except for an administrative penalty under subparagraph (iv.1), ” after “under paragraph (c)” ;
(c) by adding after the portion following paragraph (d) the following:
Payment of an administrative penalty under subparagraph (c)(iv.1) shall be made by certified cheque or money order and be payable to the Minister of Finance and forwarded by registered mail to ____________________. (mailing address)
(d) in the portion above “DATED at Frederiction, N.B., this _________” by striking out “within ten days after the service” and substituting “within 14 days after the service”.
4Form 2 of the Regulation is amended by adding after the portion “hereby request the Director to refer the matter to the Labour and Employment Board.” the following:
If this request is made later than 14 days after the date of
(a) service of Order No. _______ , or
(b) receipt of Notice No. _______
The reasons for the delay in making this request are as follows:
________
________
________
5This Regulation comes into force on September 1, 2014.