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
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 King’s Bench of New Brunswick and enforced as if it were a judgment of The Court of King’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 King’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.
1984, c.42, s.40; 1994, c.52, s.1; 2023, c.17, s.70
Filing of certificate in Court of Queen’s Bench
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.
1984, c.42, s.40; 1994, c.52, s.1