Acts and Regulations

2022, c.52 - An Act to Amend the Employment Standards Act

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2022, c.52
An Act to Amend the
Employment Standards Act
Assented to December 16, 2022
His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1Section 1 of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended
(a) by repealing the definition “employer” and substituting the following:
“employer” means a person, firm, corporation, agent, manager, representative, contractor or subcontractor that, being responsible for a place of employment, does the following, and includes an employer as defined in the Public Service Labour Relations Act, but does not include a person that, directly or indirectly, has control or direction of or is responsible for the employment of a person in or about the person’s private home: (employeur)
(a) authorizes a person to be present at the place of employment to perform work, supply services or receive training; and
(b) directly or indirectly, has control or direction of or is responsible for the employment of a person;
(b) by repealing the definition “employee” and substituting the following:
“employee” means a person who performs work for or supplies services to an employer for wages, and includes the following persons but does not include an independent contractor or a person who engages in an activity exempted by regulation: (salarié)
(a) a person who performs work or supplies services at the place of employment, regardless of whether the person receives accommodations to meet the person’s needs; and
(b) a person who receives training, if the skill in which the person is being trained is a skill used by other employees at the place of employment, regardless of whether the person receives accommodations to meet the person’s needs;
2Section 85 of the Act is amended by adding after paragraph (a) the following:
(a.1) for the purposes of the definition “employee” in section 1, prescribing exempted activities;
Commencement
3This Act comes into force on a day to be fixed by proclamation.