Acts and Regulations

W-1 - Wage-Earners Protection Act

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Repealed on 1 September 2011
CHAPTER W-1
Wage-Earners Protection Act
Repealed: R.S.N.B. 2011, Schedule A
Assignment for benefit of creditors
1Where an assignment is made of any real or personal property for the general benefit of creditors, whether the assignment contains preferences or not, the assignee shall pay in priority to the claim of the ordinary or general creditors, and likewise other preferred creditors, of the person making the assignment, the wages or salary of all persons in the employment of the assignor at the time of the making of the assignment or within one month before the making thereof, not exceeding three months wages or salary, and such persons rank as ordinary or general creditors for the residue, if any, of their claims.
R.S., c.244, s.1
Winding up of company
2In distributing the assets of a company under the provisions of the Winding-up Act, the curator shall pay in priority to the claims of the ordinary or general creditors of the company the wages or salary of all persons in the employment of the company at the time of the making of the winding-up order or within one month before the making thereof, not exceeding three months wages or salary, and such persons rank as ordinary or general creditors of the company for the residue, if any, of their claims.
R.S., c.244, s.2
Deceased employer
3In distributing the assets of any deceased person, the executor shall pay in priority to the claims of the ordinary or general creditors of the deceased the wages or salary of all persons in the employment of the deceased at the time of his death or within one month prior thereto, not exceeding three months wages or salary, and such persons rank as ordinary or general creditors of the estate for the residue, if any, of their claims.
R.S., c.244, s.3
Execution debtor
4(1)All persons in the employment of an execution debtor at the time of the seizure by the sheriff of property of the debtor or within one month prior thereto are entitled to be paid by the sheriff out of the money realized on such execution, the wages or salary due to them by the execution debtor, not exceeding three months wages or salary, in priority to the claims of the execution creditor, and such persons are entitled to recover from the debtor the balance, if any, of their claims.
4(2)A person claiming the benefit of this section shall file with the sheriff before the sheriff pays over the money realized on the sale, a statement of claim verified by affidavit made before a commissioner for taking affidavits.
4(3)Where a claim is filed with the sheriff he may, if he has not already levied for sufficient to satisfy the claim of the execution creditor and also the said claim of such employee, make a further levy to an amount sufficient for the purpose, either before or after the return day named in the execution, and may proceed thereon in all respects as if he had made such additional levy at the time of the original levy.
4(4)If a dispute arises as to the correctness of any claim, or the sheriff for his own protection thinks proper so to do the sheriff may apply to a judge of The Court of Queen’s Bench of New Brunswick upon petition, stating the facts as to the money in his hands, and the claim filed, and obtain a summons calling upon the debtor and claimant to appear before the judge at a time and place to be named in the summons, and the judge, upon hearing the parties, or such of them as appear at the return of the summons, may make such order therein as he deems just, and the sheriff’s obedience to the order is a defence to him in any proceedings that the claimant or debtor may bring against him in respect of any sum that he may pay in accordance with such order.
R.S., c.244, s.4; 1979, c.41, s.126; 1984, c.27, s.16
Absconding debtor
5Any person in the employment of an absconding, concealed or absent debtor at the time of a seizure by the sheriff under the Absconding Debtors Act, or within one month prior thereto, is entitled to be paid out of any money realized out of the property of the debtor by the sheriff the wages or salary due him by the absconding, concealed or absent debtor, not exceeding three months, wages or salary, in priority to the claims of the unsecured creditors of the absconding, concealed or absent debtor, and is entitled to share pro rata with other creditors as to the residue, if any, of his claim.
R.S., c.244, s.5
Railway company sold under mortgage
6Where a mortgage to secure debentures issued by a railway company is foreclosed, and the railway sold, or the railway is sold under power of sale in any mortgage, the referee or mortgagee shall, out of the proceeds of the sale after payment of the costs of the foreclosure suit, or if the sale is made under power of sale, pay the wages or salary of all persons employed in the operation of the railway at the time of the commencement of the foreclosure proceedings, or proceedings for sale, or within one month previous thereto, not exceeding three months wages or salary, in priority to the claims of bondholders, or other creditors, save only employees engaged by the receiver, in case a receiver is appointed, or by the mortgagee in operating the railway.
R.S., c.244, s.6
Application of Act
7This Act is not intended to apply to an assignment made under the provisions of any Act of the Parliament of Canada relating to or respecting bankruptcy or insolvency.
R.S., c.244, s.7
Definition of wage or salary
8In this Act “wages or salary” includes all money to which a person is entitled pursuant to the Minimum Wage Act or the Minimum Employment Standards Act.
1981, c.79, s.1
N.B. This Act is consolidated to September 1, 2011.