4(1)Subject to subsection (2), this Act applies notwithstanding any agreement to the contrary between an employer and an employee.

4(2)Where there is a conflict between a provision of this Act and a provision of a collective agreement this Act prevails except where the provision of the collective agreement expressly states that a benefit, privilege, right or obligation was agreed to in lieu of the application of a provision of this Act.

8(1)An employer may apply to the Director

8(2)In lieu of deciding an application made under subsection (1), the Director may refer the matter to the Board.

8(3)Any person affected by a decision of the Director with respect to an application made under subsection (1) may request the Director in writing, within ten days after notice of the decision, to refer the matter to the Board.

8(4)A matter referred to the Board under subsection (2) or (3) shall be disposed of in accordance with section 68.

9(1)The Lieutenant-Governor in Council may by regulation

9(2)A regulation made under subsection (1) may be general or particular in its application.

9(3)Every employer, unless exempted under this Act or the regulations, shall comply with the provisions of a regulation made under subsection (1).

10(1)The Lieutenant-Governor in Council shall not make a regulation under section 9 until such time as the matter in respect of which the regulation is to be made has been considered by the Minimum Wage Board and the Minimum Wage Board has rendered its advice on the matter.

10(2)The Minimum Wage Board, or any member of the Minimum Wage Board when authorized by it, may, on its own initiative or at the direction of the Lieutenant-Governor in Council, conduct such investigations and hold such conferences and hearings as it considers necessary for the purpose of rendering advice to the Lieutenant-Governor in Council on the matters referred to in section 9.

10(3)In advising the Lieutenant-Governor in Council, the Minimum Wage Board shall take into account the social and economic effects of minimum wage rates in the province and shall consider, among other matters,

11(2)An employer shall post and keep posted in a conspicuous place in his establishment a copy of all applicable minimum wage regulations.

11(3)Additional notice of any regulation made under section 9 shall be given by employers to employees in such manner as the Lieutenant-Governor in Council may by regulation direct.

13(1)Subject to subsection (3), tips and gratuities are the property of the employee to whom or for whom they are given, and shall not be withheld by the employer or treated by the employer as wages.

13(2)Where a surcharge or other charge is imposed by the employer in lieu of the payment of tips or gratuities, all amounts collected in respect thereof shall be deemed to be the property of his employees to be distributed to the employees in accordance with the terms and conditions of employment not later than the time of the next pay; and such amounts shall not be withheld by the employer or treated by the employer as wages.

13(3)An employer may adopt a practice whereby tips and gratuities are pooled, at the option of the employee, for the benefit of some or all of the employees but such practice does not give the employer a proprietary interest in the tips and gratuities so pooled.

15(1)The Lieutenant-Governor in Council may by regulation prescribe the maximum number of hours an employer may require an employee to work during a daily, weekly or monthly period at the minimum wage rate, and may prescribe the employees or categories of employees in any industry, business, trade or occupation to which the prescribed maximum number of hours will apply.

15(2)A regulation made under this section shall be posted in like manner as a regulation made under section 9.

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

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).

17(1)Where an employer employs an employee other than

17(2)Nothing in this section authorizes any work to be done on Sunday that is now prohibited by law.

17.1(1)In this section

17.1(2)Subject to subsections (3) and (4), an employee may refuse to work on a Sunday, whether or not the Sunday is also a prescribed day of rest, if the work is in a retail business or part of a retail business that is exempted from the application of the Days of Rest Act

17.1(3)An employee may, under subsection (2), refuse to work only on a Sunday on which the exemption or exemptions referred to in that subsection apply.

17.1(4)An employee who is permitted to refuse to work on a Sunday under subsection (2) shall give the employer verbal or written notice of refusal at least fourteen days before any Sunday on which the employee refuses to work.

17.1(4.1)An employee may, at one time, give at least fourteen days notice under subsection (4) in relation to one Sunday, more than one Sunday, all Sundays or any combination of Sundays.

17.1(5)Notwithstanding anything in this Act, no employer or person acting on behalf of an employer shall dismiss, suspend, lay off, penalize, discipline or discriminate against an employee because

18(1)This section does not apply to an employee who

18(2)Subject to subsections (3), (4) and (5), an employer shall give to an employee a holiday on each public holiday and pay to the employee his regular wages for each public holiday.

18(3)Where a public holiday falls on a working day for an employee, an employer may with the agreement of the employee or his agent substitute another working day for the public holiday, which day shall not be later than the next vacation of the employee, and the day so substituted shall be deemed to be the public holiday.

18(4)Where a public holiday falls on a non-working day for an employee or in his vacation an employer shall

18(5)Notwithstanding subsection (3), where an employee is employed in a hotel, motel, tourist resort, restaurant, tavern or any continuous operation, and the employee is required because of the nature of the operation to work, and works on a public holiday, the employer shall

18(6)For the purposes of subsection (5) “continuous operation” means that part of an establishment, industry or service in which in each seven day period operations once commenced normally continue day and night without cessation until the completion of the regularly scheduled operations for that period.

19(1)Subject to subsection 18(5), where an employee works on a public holiday the employer shall pay to the employee for time worked not less than one and one-half times his regular rate of wages and, where the employee is entitled to the holiday with pay, his regular wages in addition thereto.

19(1.1)In subsection (1) “regular wages” means the wages the employee would have received had he not worked on the public holiday.

19(2)Where an employee works on a public holiday, the hours that the employee works on the public holiday shall not be taken into consideration in calculating any overtime pay to which the employee is entitled for the work week in which the public holiday occurs.

21(1)Where the wages of an employee vary from day to day, his pay for a public holiday on which he has not worked shall be at least equivalent to his average daily earnings exclusive of overtime for the days on which he worked during the thirty calendar days immediately preceding the public holiday.

21(2)Notwithstanding subsection (1), a route salesman’s pay for a public holiday on which he has not worked shall not increase his earnings for the week of the holiday above his average weekly wages for the preceding four weeks.

22(1)An employee is not entitled to a vacation with pay or a public holiday with pay under this Act if under a collective agreement or contract of employment the employee receives vacation and holiday benefits which together equal or exceed the combined vacation and public holiday benefits provided under this Act.

22(2)For the purpose of subsection (1) a payment of three per cent of wages is equivalent to the public holiday benefits as prescribed by this Act.

22(3)Notwithstanding subsection (1), an employer shall pay to an employee who works on a public holiday for time worked not less than one and one-half times the employee’s regular rate of wages in accordance with subsection 19(1).

24(1)An employer, not later than four months after the vacation pay year ends, shall give to an employee who has less than eight years of continuous employment with the employer a vacation that as a minimum is equal to two regular work weeks or one day for each calendar month during the vacation pay year in which the employee worked, whichever is less.

24(1.1)An employer, not later than four months after the vacation pay year ends, shall give to an employee who has eight or more years of continuous employment with the employer a vacation that as a minimum is equal to three regular work weeks or one and one-quarter days for each calendar month during the vacation pay year in which the employee worked, whichever is less.

24(2)For the purposes of this section and sections 25 and 26, “vacation pay year” means the period from the first day of July to the last day of June then following.

25(1)If an employee qualifies for a vacation under section 24, the employer shall

26(1)If an employee’s employment with an employer ceases before the end of the vacation pay year, the employer shall pay the employee, not later than at the same time as the employee’s final pay is given,

30(1)Except where cause for dismissal exists, and subject to subsection (3) and to sections 31 and 32, an employer shall not terminate or lay off an employee without having given at least

30(2)Where an employer dismisses an employee for cause he shall do so in writing, setting out the reasons for such action, and, subject to section 31, unless this section is complied with no dismissal without notice is valid notwithstanding that cause for such action exists.

30(3)Where an employee is given notice of termination or layoff by the employer but continues to work for the employer for a period of one month or more beyond the end of the notice period, the notice is extinguished and the employer shall only terminate or lay off the employee after giving a new notice in accordance with subsection (1).

31(1)Notwithstanding section 30, an employer may lay off an employee without notice

31(2)Notwithstanding section 30, an employer may terminate or lay off without notice an employee who has refused reasonable alternate employment offered by the employer as an alternative to being terminated or laid off.

31(3)Section 30 does not apply where

32(1)No employer shall terminate or lay off in a four week period more than ten employees if they represent at least twenty-five per cent of the employees of the employer in a four week period without first having given to the Minister, the employees affected by the termination or layoff and, where the employees are covered by a collective agreement, to the employees’ bargaining agent, at least six weeks notice of the termination or layoff.

32(1.1)Where the length of notice of termination or layoff which is required by a collective agreement exceeds the length of notice required by subsection (1), the employer shall give to the Minister, the employees affected by the termination or layoff and the employees’ bargaining agent, the notice required by the collective agreement.

32(2)A copy of the notice required to be given under subsection (1) or subsection (1.1) shall be posted so as to be available for the information of all employees.

32(3)Subsection (1) does not apply where

32(4)Nothing in this section shall defeat a right that any employee may have under a collective agreement.

34(1)Notwithstanding sections 30 and 32 an employer may terminate or layoff an employee without notice upon payment in lieu of notice of an amount equal to the pay the employee would have earned during the notice period provided under section 30 as though he were entitled to notice under that section.

34(2)Where an employer does not comply with either section 30 or subsection (1) he is liable to the employee for the pay the employee would have earned during the notice period.

35(1)Subject to subsection (4), an employer shall pay his employees at such times that the interval between pays is of not more than sixteen days.

35(2)An employer shall, when paying an employee, include all wages earned up to and including a day that is not more than seven calendar days prior to the time fixed for payment.

35(3)An employee who is absent at the time fixed for payment or who, for any other reason, is not paid at that time, is entitled to be paid on demand any time thereafter during regular hours of work.

35(4)An employer is not required to comply with subsections (1) and (2) if the payments are otherwise made in accordance with the terms of a practice existing at the time this section comes into force or under the terms of a collective agreement or in accordance with the provisions of an order of the Director with respect thereto granted on application.

36(1)An employer shall give to each employee, not later than the time the employee is paid in accordance with subsection 35(1), a statement showing

36(2)An employer shall pay all pay

37.1(1)No employer shall pay an employee of one sex at a different rate of pay from that which he pays to an employee of the other sex for work that

37.1(2)No employer shall reduce the rate of pay of an employee in order to comply with subsection (1).

37.1(3)No person shall attempt to influence an employer to violate subsection (1).

37.1(4)Where an employer’s violation of this section results in an employee receiving a lower amount of pay than he would have received if the employer had not committed the violation, the Director may make any order that he considers appropriate and just in the circumstances, including an order that the employer compensate the employee for the loss in pay.

38.1(1)The Director, having knowledge or reason to believe that an employer is insolvent or is on the eve of insolvency, may, if satisfied that pay due and owing an employee of the employer remains and is likely to remain unpaid, issue a certificate in the form prescribed by regulation stating the amount of money that appears to the Director to be due and owing by the employer to the employee to the extent of

38.1(2)A certificate referred to in subsection (1) may be issued in relation to more than one employee and more than one certificate may be issued in relation to the same employer.

38.1(3)A certificate referred to in subsection (1) is, in the absence of evidence to the contrary, proof that the amount of money stated in the certificate was due and owing by the employer to the employee in respect of whom the certificate was issued when the certificate was issued.

38.1(4)The Director may cause a certificate referred to in subsection (1) to be filed with the registrar of deeds for the county or counties in which the employer named in the certificate owns real property or carries on business.

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.

38.1(6)A certificate referred to in subsection (1) when filed with the registrar of deeds constitutes a lien in favour of the employee in respect of whom the certificate was issued for the amount of money stated in the certificate or as amended by an amending certificate referred to in subsection 38.5(1) against all the real property of the employer situate in the county or counties in which the certificate is filed.

38.1(6.1)The Director may register a notice of the certificate referred to in subsection (1) in the Personal Property Registry in accordance with the regulations under the Personal Property Security Act.

38.1(6.2)A notice of a certificate when registered in the Personal Property Registry constitutes a lien in favour of the employee in respect of whom the certificate was issued against all the personal property of the employer for the amount of money stated in the certificate or, where applicable, for the amount as amended by an amending certificate referred to in subsection 38.5(1).

38.1(7)Notwithstanding any other Act including, but not limited to, the Mechanics’ Lien Act, the Real Property Tax Act, the Real Property Transfer Tax Act, the Revenue Administration Act, the Wage-Earners Protection Act, the Storer’s Lien Act, the Woods Workers’ Lien Act and the Workers’ Compensation Act, a lien referred to in subsection (6) or (6.2) has, subject to subsection (8), priority over every security interest, claim, lien, privilege or encumbrance of any person including any security interest, claim, lien, privilege or encumbrance of the Crown in right of the Province, a Crown corporation or a Crown agency.

38.1(8)Where more than one lien referred to in subsection (6) or in subsection (6.2) has been constituted with respect to the same employer the liens rank on an equal footing.

38.1(9)Pay due and owing under a lien referred to in subsection (6) or in subsection (6.2) shall be paid to the Director on behalf of the employee in respect of whom the lien was constituted.

38.1(10)Where a certificate referred to in subsection (1) is filed under subsection (4) and a notice of that certificate is registered under subsection (6.1), the total amount secured by the liens so constituted against both the real and personal property of the employer shall not exceed the amount of money stated in the certificate or, where applicable, the amount as amended by an amending certificate referred to in subsection 38.5(1).

38.2(1)The Director may obtain from the registrar of deeds a certified copy of a certificate filed under subsection 38.1(4) and may cause the certified copy to be filed in The Court of Queen’s Bench of New Brunswick, and the 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 certified copy for a debt of the amount of money stated in the certified copy.

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.

38.2(2)Where a certified copy of a certificate has been filed in accordance with subsection (1), any person may challenge the certified copy in interpleader proceedings or on application to set aside any execution thereunder as provided for by the rules of The Court of Queen’s Bench of New Brunswick and The Court of Appeal of New Brunswick.

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.

38.4(1)A lien referred to in subsection 38.1(6) ceases to be valid after the expiration of five years from the date of the filing of the certificate under subsection 38.1(4) unless before the expiration of that period the Director causes a renewal statement in the form prescribed by regulation to be filed with the registrar of deeds for the county or counties in which the certificate is filed.

38.4(2)The registrar of deeds shall file the renewal statement and shall index it in the appropriate registration index.

38.4(3)A lien renewed in accordance with subsection (1) shall not be further renewed and ceases to be valid after the expiration of five years from the date of the filing of the renewal statement.

38.4(4)A registration under subsection 38.1(6.1) is effective for the period of years, not exceeding ten years, that is specified in the registration.

38.4(5)A registration that is effected for a period of less than ten years may be renewed, at any time before the registration expires, for the period of years specified in the registration by which the renewal is effected, but the registration shall not have an aggregate registration life of more than ten years.

38.5(1)Where the Director is satisfied that the amount of money stated in a certificate referred to in subsection 38.1(1) was incorrectly stated, the Director shall cause an amending certificate in the form prescribed by regulation to be filed with the registrar of deeds for the county or counties in which the certificate is filed.

38.5(2)The amending certificate shall be filed by the registrar of deeds and shall be indexed in the appropriate registration index and a notation of the amending certificate shall be made opposite the entry of the certificate or the renewal statement to which the amending certificate refers.

38.5(3)Section 38.2 applies mutatis mutandis in relation to an amending certificate filed under subsection (1).

38.5(4)When an amending certificate referred to in subsection (1) is filed under that subsection, the Director shall amend the registration in the Personal Property Registry of the notice of the certificate to which the amending certificate relates.

38.6(1)Where the amount of money stated in a certificate referred to in subsection 38.1(1) or as amended by an amending certificate referred to in subsection 38.5(1) has been paid to the Director, the Director

38.6(2)Where an amount of money less than the amount of money stated in a certificate referred to in subsection 38.1(1) or, where applicable, as amended by an amending certificate referred to in subsection 38.5(1) has been paid to the Director, the Director shall

38.6(3)In a case within paragraph (1)(a) or (2)(a) the certificate of discharge or partial discharge, as the case may be, shall be filed by the registrar of deeds and shall be indexed in the appropriate registration index and a notation of the certificate of discharge or partial discharge shall be made by the registrar opposite the entry of the certificate, the amending certificate or the renewal statement to which the certificate of discharge or partial discharge refers.

41(1)Notwithstanding paragraphs 39(b) to (e) and section 40, the Director may, on application, issue a permit allowing the employment of a person where he is satisfied on reasonable grounds that the employment of the person

41(2)If the Director refuses to issue a permit any interested person may, in the manner set out in section 67, require the Minister to refer the matter to the Board.

41(3)Sections 39 and 40 are subject to the provisions of the Occupational Health and Safety Act respecting the employment of persons under sixteen years of age.

43(1)Subject to subsection (2), an employer shall at any time from a day eleven weeks before the specified date of delivery to the day of actual delivery, upon the request of a pregnant employee and upon receipt of a certificate by a medical practitioner or nurse practitioner stating that the employee is pregnant and specifying the date upon which delivery will, in his or her opinion, occur, grant the employee leave of absence without pay of seventeen weeks or such shorter period as the employee requests.

43(2)An employee intending to take leave of absence under this section shall

43(3)Subject to subsection (4), leave of absence under subsection (1) may be taken during the period of time the employee stipulates in her request as long as the anticipated date of delivery falls within the stipulated period.

43(4)An employer may, where no alternative employment is available, before or after commencement of the period referred to in subsection (1), require the employee to commence a leave of absence at the time when the duties of her position cannot reasonably be performed by a pregnant woman or the performance of the work of the employee is materially affected by the pregnancy.

44(1)Where an employee reports for work upon the expiration of the period of leave granted under section 43, the employer shall permit the employee to resume work in the position the employee held immediately before the commencement of the leave or an equivalent position with no decrease in pay and with no loss of benefits accrued up to the commencement of the leave.

44(2)For the purposes of subsection (1), alternative employment referred to in subsection 43(4) shall not be considered as the position the employee held immediately before the commencement of the leave.

44.02(1)In this section

44.02(2)Subject to subsections (3), (4) and (8), an employer shall, upon the request of an employee,

44.02(3)An employee intending to take a leave of absence under paragraph (2)(a) shall

44.02(4)An employee intending to take a leave of absence under paragraph (2)(b) shall

44.02(8)A leave of absence granted under subsection (2) shall commence not earlier than the date on which the newborn or adopted child came into the employee’s care and custody and end not later than fifty-two weeks after that date.

44.02(10)Where an employee intends to take a leave of absence under paragraph (2)(a) in addition to a leave of absence under section 43, the employee must commence the leave of absence under paragraph (2)(a) immediately on the expiry of the leave of absence taken under section 43 unless the employer and employee agree otherwise.

44.02(11)Subsection (10) does not apply where a newborn child is hospitalized at the time the leave of absence under section 43 expires.

44.02(12)If both parents are employees, the leave of absence granted under subsection (2) may

44.02(12.1)The aggregate amount of leave that may be taken by two employees under this section with respect to the same birth or adoption shall not exceed thirty-seven weeks.

44.02(12.2)The aggregate amount of leave that may be taken by one or two employees under this section and section 43 with respect to the same birth shall not exceed fifty-two weeks.

44.02(13)Subsection 44(1) applies with the necessary modifications with respect to a leave of absence granted under this section.

44.021(1)An employer shall, upon the request of an employee, grant the employee leaves of absence without pay of up to five days during a twelve calendar month period for sick leave if the employee has been in the employ of the employer for more than ninety days.

44.021(2)If an employee requests a leave of absence under subsection (1) that is four or more consecutive calendar days in length, the employer may require the employee to provide the employer with a certificate of a medical practitioner or nurse practitioner certifying that the employee is incapable of working due to illness or injury.

44.021(3)An employee requesting a leave of absence under this section shall advise the employer, subject to subsections (1) and (2), of the anticipated duration of the leave.

44.021(4)The duties of an employer under this section are in addition to and do not derogate from the duties of an employer under section 42.1 of the Workers’ Compensation Act.

44.022(1)An employer shall, upon the request of an employee, grant the employee leaves of absence without pay of up to three days during a twelve calendar month period to meet responsibilities related to the health, care or education of a person in a close family relationship with the employee.

44.022(2)An employee intending to take a leave of absence under this section shall advise the employer of the employee’s intention to take the leave, the anticipated commencement date of the leave and, subject to subsection (1), the anticipated duration of the leave.

44.023(1)An employer shall grant an employee a leave of absence without pay for any period that the employee is absent from work as a result of being

44.023(2)If an employer grants an employee a leave of absence with pay in the circumstances set out in subsection (1), the employer may require the employee to reimburse the employer for any amount that the employee receives as a jury or witness fee, exclusive of any amount that the employee receives as compensation for travel, meal or accommodation expenses.

44.024(1)In this section

44.024(2)Subject to subsections (3) to (6), an employer shall, upon the request of an employee, grant the employee a leave of absence without pay from employment of up to eight weeks to provide care or support to a person with whom the employee has a close family relationship, if a qualified medical practitioner issues a certificate stating that the person with whom the employee has a close family relationship has a serious medical condition with a significant risk of death within twenty-six weeks from

44.024(3)The leave of absence may only be taken during the period

44.024(4)A leave of absence under this section may only be taken in periods of at least one week’s duration.

44.024(5)The aggregate amount of leave that may be taken by two or more employees under this section for the care or support of the same person with whom the employee has a close family relationship shall not exceed eight weeks in the period referred to in subsection (3).

44.024(6)An employee shall provide the employer with a copy of the certificate referred to in subsection (2), if the employer requests this in writing within fifteen days after an employee’s return to work.

44.024(7)An employee intending to take a leave of absence under this section shall advise the employer as soon as possible of the employee’s intention to take the leave, the anticipated commencement date of the leave, and, subject to subsection (2), the anticipated duration of the leave.

44.03(1)In this section

44.03(2)An employer shall grant to an employee a leave of absence without pay of up to five consecutive calendar days on the death of a person in a close family relationship with the employee to be taken during the period of bereavement and to begin not later than the day of the funeral.

44.03(3)An employee intending to take a leave of absence under this section shall advise the employer of the employee’s intention to take the leave, the anticipated commencement date of the leave and, subject to subsection (2), the anticipated duration of the leave.

44.031(1)The following definitions apply in this section.

44.031(2)An employer shall not dismiss, suspend or lay off an employee who is a reservist, or refuse to employ a person who is a reservist, for the sole reason that the employee or the person is a reservist.

44.031(3)On the request of an employee who is a reservist, an employer shall grant the employee a leave of absence without pay of up to 18 months for the purpose of service if,

44.031(4)On the request of an employee who is a reservist, an employer shall grant the employee a leave of absence without pay for a continuous period of up to 30 days in a calendar year, for the purpose of annual training, if the employee has been in the employ of the employer for at least six months.

44.031(5)An employee who intends to take a leave of absence under subsection (3) or (4) shall give written notice to the employer of his or her intention

44.031(6)A notice under subsection (5) shall include the anticipated commencement date of the leave of absence and the employee’s expected date of return to work.

44.031(7)An employer may require the employee to provide the employer with a certificate from an official with the Reserves stating

44.031(8)Subject to subsections (9) and (11), if circumstances beyond the employee’s control require a change in the dates specified in a notice under subsection (5), the employee shall advise the employer of the change.

44.031(9)Subject to subsection (10), if circumstances beyond the employee’s control require a leave of absence under subsection (3) to be extended beyond the date specified in a notice under subsection (5), the employee shall provide a notice to the employer in accordance with subsection (11) and the employer shall grant the employee an extension.

44.031(10) An employer is not required to extend an employee’s leave of absence beyond the date that would result in the employee’s total period of leave of absence exceeding 18 months from the commencement date of that leave.

44.031(11)An employee who amends the expected date of return to work specified in a notice under subsection (5) shall give written notice to the employer of the amended expected date

44.031(12)Subject to subsection (13), if an employee gives notice of an amended expected date of return to work that is not in accordance with subsection (11), the employer may postpone the employee’s date of return to work by up to two weeks after the date on which the employee gives the notice to the employer.

44.031(13)An employer shall not postpone an employee’s date of return to work under subsection (12) if the postponement would result in a return to work date that is earlier than the amended expected return to work date of the employee.

44.031(14)When an employee reports for work on the expiration of the period of leave granted under this section, the employer shall permit the employee to resume work in the position the employee held immediately before the commencement of the leave or an equivalent position with no decrease in pay and with no loss of benefits accrued up to the commencement of the leave.

44.031(15)An employer who receives a request to grant or extend a leave of absence under this section may apply to the Director to be exempted from the application of this section if granting the leave or the extension

44.031(16)The Director may grant an application made under subsection (15) if he or she is satisfied that the conditions of that subsection are met.

44.031(17)Instead of deciding an application made under subsection (15), the Director may refer the application to the Board.

44.031(18)A person affected by a decision of the Director with respect to an application made under subsection (15) may make a written request to the Director, within ten days after notice of the decision, to refer the matter to the Board.

44.031(19)Within ten days after receiving a request under subsection (18), the Director shall refer the matter to the Board.

44.031(20)A matter referred to the Board under subsection (17) or (19) shall be disposed of in accordance with section 68.

44.04(1)An employer shall not dismiss, suspend or lay off an employee who has been granted a leave of absence under this Act

44.04(2)An employee who has been granted a leave of absence under this Act

44.04(3)Notwithstanding subsection (2), if an employee would have been dismissed, suspended or laid off had the employee not been granted a leave of absence under this Act the seniority of the employee

44.04(4)Subsections (1), (2) and (3) apply with the necessary modifications in relation to

44.1(1)In this section

44.1(2)An employee has a right not to take or be asked or required to take or submit to a lie detector test.

44.1(3)No person shall require, request, enable or influence, directly or indirectly, an employee to take or submit to a lie detector test.

44.1(4)No person shall communicate or disclose to an employer that an employee has taken a lie detector test, or communicate or disclose to an employer the results of a lie detector test taken in any other jurisdiction.

44.1(5)Where an employer violates a provision of this section the Director may order the employer to do or to refrain from doing anything in order to comply with this section and may order the employer to reinstate or to hire the employee concerned, with or without compensation, or to compensate the employee in lieu of reinstatement or hiring for loss of earnings or other employment benefits in an amount not exceeding four thousand dollars that may be assessed by the Director against the employer.

45(1)The Minister is charged with the general administration of this Act.

45(2)The Minister shall appoint a person from within the Civil Service as the Director.

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.

46(1)There shall be a board consisting of two or more persons equally representative of employees and employers respectively and one additional person who shall be chairman, which board shall be known as the Minimum Wage Board.

46(2)The function of the Minimum Wage Board is to advise the Lieutenant-Governor in Council in accordance with section 10.

47(1)The members of the Minimum Wage Board shall be appointed by the Lieutenant-Governor in Council for a term not exceeding four years, shall be paid such per diem allowance on their attendance at the meetings of the Minimum Wage Board as the Lieutenant-Governor in Council may from time to time prescribe, and shall be entitled to reasonable and necessary travelling expenses as fixed by the Lieutenant-Governor in Council.

47(2)A member of the Minimum Wage Board may be reappointed.

47(3)The appointment of any member of the Minimum Wage Board may be revoked by the Lieutenant-Governor in Council for cause.

53(1)The Board and each member has the powers, privileges, immunities and responsibilities of a commissioner under the Inquiries Act and regulations thereunder.

53(2)The Board may receive and accept any evidence and information on oath, affidavit or otherwise as in its discretion it considers fit and proper, whether admissible as evidence in a court or not.

53(3)The Board may make rules governing its procedure.

54(1)The Board has exclusive jurisdiction to exercise the powers conferred upon it under this Act and to determine all questions of fact or law that arise in any matter before it including any question as to whether

54(2)A decision, determination, direction, declaration or ruling of the Board is final and conclusive and, except on the grounds of an excess of jurisdiction or a denial of natural justice, shall not be questioned or reviewed in any court, and no order shall be made or proceedings taken in any court, whether by way of injunction, declaratory judgment, order on judicial review or otherwise to question, review, prohibit or restrain the Board or any of its proceedings.

54(3)Where a decision of the Board is reviewed and set aside because of an excess of jurisdiction or a denial of natural justice, no costs shall be awarded against any party to the matter before the Board.

55(1)Notwithstanding section 54, the Board may of its own motion state a case in writing for the opinion of The Court of Appeal of New Brunswick on any question that, in the opinion of the Board, is a question of law.

55(2)The Court of Appeal of New Brunswick shall hear and determine the question or questions of law arising in the stated case and remit the matter to the Board, with the opinion of the Court thereon; and the opinion of the Court on a question of law is binding on the Board and the parties.

55(3)No costs shall be awarded in any case stated under this section.

57(1)The Minister may appoint persons who are employees under the Civil Service Act as Employment Standards Officers.

57(2)The Minister shall cause to be published in The Royal Gazette the names of persons appointed as Employment Standards Officers.

57(3)Any action in the performance of his duty or exercise of his authority by a person appointed under subsection (1) before the publication required by subsection (2) is not invalid by reason only of the absence of publication.

58(1)For the purpose of ensuring that the provisions of this Act and the regulations are complied with the Director, or an Employment Standards Officer, may

58(2)Neither the Director nor an Employment Standards Officer nor a mediator referred to under section 64 is in any civil proceeding a compellable witness respecting any information, statements, books, papers, records or documents acquired, furnished, obtained, made or received under the powers conferred under this Act.

58(3)Neither the Director nor an Employment Standards Officer nor a mediator referred to under section 64 shall be compelled or required to produce in any civil proceeding, any statements, books, papers, records or documents acquired, furnished, obtained, made or received under the powers conferred under this Act.

60(1)Every employer shall make and keep in the Province for at least thirty-six months after work is performed or service is rendered by an employee, complete and accurate records in respect of the employee sufficient to meet the requirements of a request under section 58(1), including

60(2)Where the original records referred to in subsection (1) are maintained by a person, firm, company or partnership other than the employer, the employer shall have and produce on request made under subsection (3) a true and accurate copy of the employment records in respect of each employee required under subsection (1).

60(3)The Minimum Wage Board, the Labour and Employment Board, the Director and an Employment Standards Officer may at any time request from any employer, or from any person, firm, company or partnership maintaining an employee’s records, information required to be kept under subsection (1) with respect to any employee, and such request shall forthwith be complied with.

60(4)Where the employer fails to maintain accurate records in accordance with this Act, the Minimum Wage Board, the Labour and Employment Board or the Director may accept the evidence of an employee with respect to his employment, and the onus of proving the contrary shall be on the employer.

61(1)Any person who believes that

61(2)The Director may agree to keep confidential the identity of a complainant where he is satisfied that there exists a possibility of intimidation or retaliation by any person towards the complainant.

62(1)Subject to subsections (2) and (3), where the Director is satisfied that the allegations contained in a complaint disclose a violation of Part III, or a denial of a right or benefit arising under Part III, he shall act upon the complaint and, where mediation is not attempted under section 64 or is unsuccessful, shall cause an investigation to be undertaken with respect thereto.

62(2)The Director shall not act upon a complaint unless he is satisfied that the person making the complaint, or the person identified in the complaint as the person who has been denied a right or benefit under Part III or in respect of whom it is alleged that Part III was violated, is unable to grieve the subject matter of the complaint under the provisions of a collective agreement.

62(3)The Director shall not act upon a complaint if it is or has been the subject matter of a proceeding before a court of competent jurisdiction within New Brunswick.

62(4)Where the Director has agreed to keep confidential the identity of the complainant he may refuse to act upon the complaint or to proceed with an investigation where he is satisfied that to keep confidential the identity of the complainant would unduly impede the investigation of the complaint or would be unfair to a person against whom an allegation has been made in the complaint.

63(1)When the Director investigates pursuant to a complaint made under subsection 61(1) he may make an order respecting any violation of Part III or any denial of a right or benefit arising under Part III disclosed in his investigation and occurring within twelve months preceding the complaint.

63(2)Where the Director’s investigation is not pursuant to a complaint under subsection 61(1), any order made by the Director shall only relate to a violation or denial occurring within twelve months prior to the date of the order.

64(1)The Director may, at any point after a complaint has been made, appoint, on such terms and conditions as may be established in the appointment, a mediator to attempt to settle the subject matter of the complaint.

64(2)In the event that the parties reach an agreement with respect to the disposition of the complaint the mediator shall report to the Director the terms and conditions of such agreement.

64(3)The Director may make an order to implement the terms and conditions of such an agreement and an order so made shall have the same force and effect as an order made under section 65.

64(4)In the event that mediation is unsuccessful in assisting the parties to reach an agreement within such period as may be established by the Director, the mediator shall report that fact to the Director, but he shall not report to the Director, nor reveal to anyone, any communications that were made during the mediation process, or any information derived from such communications.

64(5)A mediator who deals with a complaint made to the Director shall not, upon the completion of his mediation role, participate in any way in any subsequent investigation into the alleged complaint.

65(1)Where the Director is satisfied upon reasonable grounds that a person has not complied with the provisions of this Act or the regulations, or the provisions of an order made under subsection 64(3), he may make an order with respect to any of the following matters, namely:

65(2)The Director is not required to serve notice upon or hear any person before making an order under subsection (1) or before advising a complainant that there has been no failure to comply with this Act or the regulations.

65(3)In an order made under subsection (1), the Director shall specify the provision of this Act or the regulations or of any order made under subsection 64(3) that, in his opinion, has not been complied with and shall advise the person against whom the order is made of his right to require the Director to refer the matter to the Board.

67(1)Where

67(2)The Director shall forward to the Board any requests to refer a matter to it, and the Board may hear any matter so referred to it, notwithstanding that a time period set out in subsection (1) was not complied with.

67(3)Where a matter is referred to the Board, any order of the Director with respect thereto, unless otherwise directed by the Board, is stayed pending the disposition of the matter by the Board.

68(1)Where a matter is referred to the Board under section 8 or 44.031 or under subsection 67(1), the Board shall, as soon as it can conveniently be arranged, hear the matter so referred.

68(2)The Board shall set a date for a hearing, which, unless the parties consent to a later date, shall be not later than twenty days after the matter was referred to the Board, and shall serve notice of the hearing on the parties at least ten days before the date set.

68(3)The notice of hearing shall contain

68(4)If a person who has been notified of a hearing does not attend, the Board may proceed in his absence and he is not entitled to notice of any further proceedings.

69(1)The Director shall be a party to any matter referred to the Board and is responsible to present a case in support of any decision or order he has made.

69(2)In any matter referred to the Board under section 8 or 44.031 or under subsection 67(1), the complainant, the person against whom the order is made or an allegation in a complaint is made, the Director and any other person who, in the opinion of the Board, is interested in or affected by the proceedings has the right to be heard.

69(3)Where a group of persons having the same or substantially the same interest has a complaint pursuant to this Act, one complaint may be made in a representative capacity.

71(1)Before proceeding to deal with any matter referred to the Board at the request of an employer, the Board may require the employer to furnish to the Board security in the form of a bond with one or more sureties acceptable to the Board in such amount and subject to such conditions as may be prescribed by regulation.

71(2)Where an employer has furnished a bond under subsection (1), and the Board, after completion of its consideration of and the investigation into the complaint of the employee, finds that the employer is indebted to the employee for unpaid pay it may, on ten days’ notice to the employer and the sureties and in the event the debt is not paid, realize upon the bond and apply the proceeds thereof towards the payment of the debt.

71(3)Where, under subsection (2), the Board has realized upon the bond and applied the proceeds thereof towards the payment of unpaid pay, it shall in writing, as soon as is reasonably possible, notify the employer to that effect and where after the application of the proceeds there remains a surplus of funds, the surplus shall be turned over by the Board to the sureties.

72(1)Where a complaint is received by the Director and the Director has knowledge or has reason to believe that a person is or is about to become indebted to the employer for any sum of money or that a person is about to pay to the employer a sum of money, the Director may, notwithstanding that he has not determined whether or not the employer is indebted to the employee for unpaid pay as alleged, serve an attaching order on that person in a form prescribed by regulation requiring him to pay to the Board part or all of the sum of money owing, likely to be owed or about to be paid by him to the employer.

72(2)For the purpose of this section, money on deposit in a general banking account or in a credit union account in the name of an employer is money for which the holder of the account is indebted to the employer.

72(3)Serving the attaching order referred to in subsection (1) binds the debt in the hands of the person upon whom it is served and has priority over any other attaching order subsequently served.

72(4)A person to whom an attaching order of the Director under subsection (1) is directed shall upon service of the order forthwith comply with the order.

72(5)Immediately upon receipt of any money in accordance with this section, the Board shall in writing notify the employer concerned and issue a receipt thereof to the person from whom the money was received; and the receipt of the Board is a good and sufficient discharge of the liability of the person to whom the order was directed to the employer to the extent of the amount shown on the receipt.

72(6)Any money received by the Board under this section shall be held by the Board in trust for the employer concerned and where

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.

73(1)Where a matter has been referred to the Board under section 8 or under subsection 67(1), the Board may, after hearing and considering the matter, issue an order

73(2)With respect to any matter heard by the Board the record of the Board shall comprise

74(1)Where there is an order of the Director or the Board in effect for the payment of money in respect of pay, compensation or any benefit, the Director or the Board, as the case may be, may issue a certificate in a form prescribed by regulation stating the amount owing under the order from time to time, and such certificate may be filed in The Court of Queen’s Bench of New Brunswick and enforced as if it were a judgment of The Court of Queen’s Bench of New Brunswick in that amount.

74(2)Where a certificate of the Director or the Board has been filed in accordance with subsection (1), any person other than the person against whom it is made may challenge the certificate in interpleader proceedings or on application to set aside any execution thereunder as provided for by the rules of The Court of Queen’s Bench of New Brunswick and The Court of Appeal of New Brunswick, but the certificate of the Director or the Board is, in the absence of evidence to the contrary, proof that the amount of money ordered to be paid was due and owing when the certificate was made.

74(3)For purposes of subsection (1) and (2) the Chairperson of the Board may issue a certificate on behalf of the Board.

74(4)The responsibility for filing and enforcing a certificate issued under subsection (1) shall be upon the Director, but nothing herein shall be construed to limit the right of any interested person to file and enforce it.

75(1)Notwithstanding section 74, where an order of the Director has not been complied with the Director or any other interested person may apply to the Board for a summons requiring a person named therein to appear before the Board to show cause why the order has not been complied with and why a further order should not be made.

75(2)Where

75(3)Where the Board determines that a person has, without reasonable cause, failed or refused to comply with an order of the Director or the Board it may, by a further order,

75(4)Any summons issued under this part by the Board may be served outside New Brunswick, and a failure to appear by any person summoned shall not affect the authority of the Board to act.

76(1)Notwithstanding the responsibility placed upon the Director by this Part to refer matters to the Board for disposition, any interested person may, if the Director fails or refuses to act in compliance with this Part, request in any form that the Board consider any matter that the Director might have referred to the Board.

76(2)Nothing in this Act shall be construed to abridge or interfere with the right of any person to seek a judicial remedy in lieu of a remedy provided under this Act.

77(1)Upon the application of an employee entitled to

77(2)Where the Minister makes a payment under subsection (1) Her Majesty in right of the Province, as represented by the Minister, shall be subrogated to all rights of the person to whom payment was made in respect of all claims represented in the application for payment.

77(3)The Minister shall serve on the employer notice of the payment made under subsection (1), and after such notice the employer shall make all payments under this Act in respect of all claims represented in the application for payment directly to the Minister and is liable therefor to Her Majesty in right of the Province.

77(4)The Minister may issue a certificate naming the employer and stating the amount for which the employer is liable to Her Majesty in right of the Province under this section; and such certificate may be filed in The Court of Queen’s Bench of New Brunswick, and shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as a judgment obtained in the Court by Her Majesty against the person named in the certificate for a debt of the amount specified in the certificate.

77(5)This section applies in respect of vacation pay and pay in lieu of vacation for the vacation year ending June 30, 1982, and to subsequent vacation pay years.

78(1)Any person who, without reasonable cause, fails or refuses to comply with an order of the Board commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

78(2)As well as imposing a fine the court may stipulate that an additional amount be paid into court for the purpose of satisfying in whole or in part an amount payable by the convicted person under the order in respect of which the violation occurred, and the court shall, in such case, upon receipt of the amount, pay the amount to the person named in the order.

78(3)Except with respect to a payment made under subsection (2), a conviction for an offence under subsection (1) does not relieve the convicted person of the obligation to comply with the order of the Board or to pay any amount established by the Board by way of debt, compensation or penalty under any provision of this Act.

78(4)No prosecution for an offence under subsection (1) shall be instituted without the consent in writing of the Minister.

78(5)A writing by the Minister indicating that he has consented to the prosecution of the person named therein for an offence under this Act alleged to have been committed, or, in the case of a continuing offence, alleged to have commenced on a date therein set out, is a sufficient consent for the purposes of this section to the prosecution of the person for an offence under this section committed or commencing on that date.

78(6)Where an offence under subsection (1) continues for more than one day,

86(1)A document, notice or other communication required to be served under this Act is sufficiently given or served if served personally on a person or on an adult residing at the residence of the person who is at that residence at the time of service, or if delivered by mail to such residence or by any other means prescribed by regulation.

86(2)For the purposes of this Act and any proceedings thereunder, any document, notice or communication sent by mail shall be presumed, unless the contrary is proven, to have been delivered to the residence to which it was addressed on the fourth day after the day of mailing.

90.1(1)If the Lieutenant-Governor in Council is satisfied that reciprocal provision has been or will be made by any other province or territory of Canada for the enforcement of orders, certificates or judgments under this Act for the payment of wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee, the Lieutenant-Governor in Council may, by Order in Council,

90.1(2)If an order, certificate or judgment for the payment of wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee has been made, issued or obtained under an enactment of a reciprocating province or territory, the authority of that province or territory designated under paragraph (1)(b) may apply to the Director to enforce the order, certificate or judgment.

90.1(3)An application under subsection (2) shall be accompanied by a copy of the order, certificate or judgment made, issued or obtained under an enactment of the reciprocating province or territory

90.1(4)If, on receipt of an application under subsection (2), the Director is satisfied that wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee is still owing, the Director shall file the copy of the order, certificate or judgment in The Court of Queen’s Bench of New Brunswick and the order, certificate or judgment is then enforceable in favour of the Director or the authority of the reciprocating province or territory designated under paragraph (1)(b) as if the order, certificate or judgment were a judgment of The Court of Queen’s Bench of New Brunswick.

90.1(5)The Regulations Act does not apply to an Order in Council made under subsection (1).

92(1)The Acts set out in Schedule A are repealed.

92(2)Notwithstanding subsection (1), any order or schedule made under any Act named in Schedule A and in force immediately prior to the coming into force of this section remains in effect until the sooner of