Acts and Regulations

2014, c.70 - An Act to Amend the Employment Standards Act

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2014, c.70
An Act to Amend the
Employment Standards Act
Assented to December 19, 2014
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1Subsection 9(1) of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended by repealing paragraph (a) and substituting the following:
(a) fix the amount of the minimum wage or specify the manner in which the minimum wage is to be determined for all employees or for any category of employees in any industry, business, trade or occupation;
2Section 10 of the Act is repealed and the following is substituted:
10(1)Every two years after December 31, 2014, the Minister shall complete a review of the amount of the minimum wage, the manner in which minimum wage is determined and the timeline for any changes to it.
10(2)In conducting a review under subsection (1), the Minister shall
(a) consider the social and economic effects of minimum wage rates in the province, including
(i) data respecting the demographics of employees earning minimum wage, including age and gender,
(ii) any cost of living increase since any previous order or regulation, with respect to the cost to an employee of purchasing the necessities of life, including but not limited to housing, food, clothing, transportation and health care and supplies, and
(iii) economic conditions within the province; and
(b) consult with representatives of employers and employees, and any other person the Minister considers appropriate.
3The heading “MINIMUM WAGE BOARD” preceding section 46 of the Act is repealed.
4Section 46 of the Act is repealed.
5Section 47 of the Act is repealed.
6Section 48 of the Act is repealed.
7Section 49 of the Act is repealed.
8Section 60 of the Act is amended
(a) in subsection (3) by striking out “Minimum Wage Board, the”;
(b) in subsection (4) by striking out “the Minimum Wage Board,”.
9Paragraph 82(b) of the Act is amended by striking out “, the Minimum Wage Board”.
Transitional Provisions
10(1)The Minimum Wage Board is terminated.
10(2)All appointments or designations of persons as chairman or members of the Minimum Wage Board are revoked.
10(3)All contracts, agreements or orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to the chairman or members of the Minimum Wage Board are null and void.
10(4)Despite the provisions of a contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to the chairman or members of the Minimum Wage Board.
10(5)No action, application or other proceeding lies or shall be instituted against the Minister or the Crown in right of the Province as a result of the termination of the Minimum Wage Board under subsection (1) or the revocation of appointments or designations under subsection (2).