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85-179
- General
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NEW BRUNSWICK
REGULATION 85-179
under the
Employment Standards Act
(O.C. 85-930)
Filed November 21, 1985
Under sections 7 and 85 of the
Employment Standards Act
, the Lieutenant-Governor in Council makes the following Regulation:
1
This Regulation may be cited as the
General Regulation -
Employment Standards Act
.
2
In this Regulation
“Act”
means the
Employment Standards Act
.
(Loi)
3
(1)
Persons employed in the following specified occupations or specified classes of work and persons employing employees in the specified occupations or specified classes of work are exempted from sections 18 to 22 inclusive of the Act:
(
a
)
architecture;
(
b
)
dentistry;
(
c
)
law;
(
d
)
medicine;
(
e
)
chiropody;
(
f
)
optometry;
(
g
)
pharmacy;
(
h
)
professional engineering;
(
i
)
public or chartered accounting;
(
j
)
psychology;
(
k
)
surveying;
(
l
)
veterinary science;
(
m
)
real estate salesmen;
(
n
)
automobile and mobile home salesmen; and
(
o
)
salesmen, other than route salesmen, who are entitled to receive all or part of their remuneration as commissions in respect of offers to purchase, sales of merchandise or services, such as are normally made other than at or in the employer’s establishment.
3
(2)
Persons employed in the following specified occupations or specified classes of work and persons employing employees in the specified occupations or specified classes of work are exempted from sections 24 to 27 inclusive of the Act:
(
a
)
teachers, as defined in the
Education Act
, who are employed in school districts specified in Part II of the First Schedule of the
Public Service Labour Relations Act
;
(
a.1
)
instructors or teachers with the New Brunswick Community College (NBCC);
(
a.2
)
instructors or teachers with the Collège communautaire du Nouveau-Brunswick (CCNB); and
(
b
)
instructors or teachers in an institution governed by the
Adult Education and Training Act
.
99-3; 2010-84
4
(1)
Where an employer applies to the Director for an exemption under section 8 or section 44.031 of the Act, the application shall be made in writing and shall contain
(
a
)
the name and address of the employer,
(
b
)
the name and address of each employee in relation to whom the application is made,
(
c
)
a concise statement of
(i
)
the nature of the employer’s business,
(ii
)
the work performed by the employee or employees in relation to whom the application is made,
(iii
)
the reasons why an exemption should be made, and
(iv
)
the terms of the exemption applied for.
4
(2)
Where a person is affected by a decision of the Director under section 8 or section 44.031, a request by him to the Director to refer the matter to the Board shall be made in Form 2.
2004-96; 2014-116
5
An application for an order under subsection 35(4) of the Act shall be made to the Director in writing and shall contain
(
a
)
the name and address of the employer,
(
b
)
the name and address of each employee in relation to whom the application is made,
(
c
)
a concise statement of
(i
)
the nature of the employer’s business,
(ii
)
the work performed by the employee or employees in relation to whom the application is made, and
(iii
)
the reasons why payment should be made other than in accordance with subsections 35(1) and (2) of the Act.
5.1
(1)
A certificate issued by the Director under subsection 38.1(1) of the Act shall be in Form 0.1.
5.1
(2)
A renewal statement referred to in subsection 38.4(1) of the Act shall be in Form 0.2.
5.1
(3)
An amending certificate referred to in subsection 38.5(1) of the Act shall be in Form 0.3.
5.1
(4)
A certificate of discharge referred to in subsection 38.6(1) of the Act shall be in Form 0.4.
5.1
(5)
A certificate of partial discharge referred to in paragraph 38.6(2)(
a
) of the Act shall be in Form 0.5.
89-41
6
(1)
Where the Director makes an order under section 65 of the Act, the order shall be made in Form 1.
6
(2)
Where the Director makes an order under section 65 of the Act, he shall provide the person against whom the order is made with a copy of Form 2.
6
(3)
Where a person disputes an order of the Director made under section 65 of the Act, his request to the Director to refer the matter to the Board shall be made in Form 2.
2004-96
7
Where the Director makes a determination under section 66 of the Act, he shall inform the complainant on Form 3 and he shall provide the complainant with a copy of Form 2.
8
A written request to the Director under subsection 67(1) of the Act by a person against whom an order has been made by the Director or by a complainant whose complaint has been acted upon and dismissed by the Director shall be made in Form 2.
8.1
A notice of hearing under subsection 68(2) of the Act shall be in Form 2.1.
88-252
9
(1)
Where the Board or the Chairperson thereof requires an employer to furnish security in the form of a bond under section 71 of the Act, the amount of the bond shall be two thousand dollars.
9
(2)
A bond under section 71 of the Act shall be in Form 4 with such modifications as may be necessary to accommodate more than one surety.
9
(3)
Where a bond under section 71 of the Act is not required to be acted upon, the Board shall return the bond to a surety named therein and shall advise all other sureties named therein of the return of the bond.
2004-96
10
(1)
Where the Director makes an attaching order under section 72 of the Act, he or she shall mail a copy of the order to the employer as soon as possible after the attaching order is served on the person against whom the attaching order is made.
10
(2)
The Director shall send a copy of the attaching order made under section 72 of the Act to the Board.
10
(3)
Where the Board receives a copy of the attaching order and payment is not made to the Board forthwith, the Chairperson of the Board shall advise the Director.
10
(4)
An attaching order made under section 72 of the Act ceases to be valid
(
a
)
one year after the date of its issue by the Director, unless revoked earlier by him or her, or
(
b
)
if renewed, one year after the date of its renewal by the Director, unless revoked earlier by him or her.
10
(5)
An attaching order under section 72 of the Act shall be in Form 5 and a renewal of an attaching order shall be in Form 5.1.
2004-96
11
(1)
A certificate issued by the Director under subsection 74(1) of the Act shall be in Form 6.
11
(2)
A certificate issued by the Board under subsection 74(1) of the Act shall be in Form 7.
88-252; 2004-96
11.1
A summons issued under subsection 75(2) of the Act shall be in Form 8.
88-252
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.
2014-116
12
New Brunswick Regulation 81-25 under the Fair Wages and Hours of Labour Act is repealed.
13
New Brunswick Regulation 84-83 under the Minimum Employment Standards Act is repealed.
14
This Regulation comes into force on December 1, 1985.
Form 0.1
Form 0.2
Form 0.3
Form 0.4
Form 0.5
Form 1
Form 2
Form 2.1
Form 3
Form 4
Form 5
Form 5.1
Form 6
Form 7
Form 8
N.B.
This Regulation is consolidated to September 1, 2014.
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