5(1)For the purposes of this Act, every person assisting a peace officer in arresting any person or in preserving the peace shall be deemed to be an employee of the Crown in right of New Brunswick, and his average earnings shall be deemed to be the same in amount as his average earnings at his regular employment and shall be paid in accordance with section 38 or, where the injury or recurrence of an injury arises after the coming into force of section 38.2, in accordance with section 38.2, or, where the injury or recurrence of an injury arises after the coming into force of section 38.11, in accordance with section 38.11.

5(2)Where it is impossible, or would be inequitable, to determine the average earnings of a person referred to in subsection (1) in accordance with section 38.1 the Commission may award compensation based on the average earnings, as determined by the Commission, that are earned by a peace officer, not exceeding the maximum annual earnings in effect under subsection 38.1(3).