77(1)Upon the application of an employee entitled to
(a)
wages,
(b)
vacation pay or pay in lieu of vacation,
(b.1)
public holiday pay or pay in lieu of public holidays, or
(c)
pay in lieu of notice of termination,
the Minister may, where
(d)
he is satisfied that all reasonable efforts have been made to obtain payment from the employer and money remains owing,
(e)
an order made by the Director under subsection 65(1) with respect to such wages or pay
(i)
has not been referred to the Board or, if so referred, has been affirmed by the Board, or
(ii)
has not been referred to the Board and the time set for referring the matter to the Board has expired, or
(f)
an order made by the Board, under subsection 73(1) with respect to such wages or pay is not the subject of judicial review proceedings and thirty days have expired since its making,
pay to the employee from funds appropriated for the purpose an amount equal to the amount to which the employee is entitled.
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.