Acts and Regulations

E-7.2 - Employment Standards Act

Full text
Filing of certificate in Court of King’s Bench
2023, c.17, s.70
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 King’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 King’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 King’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 King’s Bench of New Brunswick and The Court of Appeal of New Brunswick.
1988, c.59, s.15; 2003, c.4, s.5; 2023, c.17, s.70
Filing of certificate in Court of Queen’s Bench
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.
1988, c.59, s.15; 2003, c.4, s.5