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Acts and Regulations

2022-15 - Minimum Wage

Table of contents

Regulation number	Title
E-7.2	Employment Standards Act

Full text

NEW BRUNSWICK

REGULATION 2022-15

under the

Employment Standards Act

(O.C. 2022-64)

Filed March 18, 2022

Under section 9 of the Employment Standards Act, the Lieutenant-Governor in Council makes the following Regulation:

Citation

1This Regulation may be cited as the Minimum Wage Regulation – Employment Standards Act.

Definitions

2The following definitions apply in this Regulation.

“Act” means the Employment Standards Act.(Loi)

“Consumer Price Index” means the Consumer Price Index for New Brunswick (All-items) published by Statistics Canada under the Statistics Act (Canada).(Indice des prix à la consommation)

“minimum wage” means the amount fixed or determined under section 6.(salaire minimum)

Application

3Unless otherwise provided in the Act or any regulation made under the Act, this Regulation applies to every employee and employer in New Brunswick.

Higher wage may be paid

4The minimum wage established by this Regulation is a minimum wage only, and an employer may pay a higher wage.

Maximum number of hours of work at minimum wage

5The maximum number of hours of work for which the minimum wage shall be paid is 44 hours per week.

Minimum wage

6(1)The minimum wage is as follows:

(a) from April 1, 2022, to September 30, 2022, inclusive, $12.75 per hour; and

(b) from October 1, 2022, to March 31, 2023, inclusive, $13.75 per hour.

6(2)The minimum wage shall be adjusted on April 1, 2023, and on April 1 of each succeeding year by the percentage change in the Consumer Price Index between the calendar year immediately before the date of adjustment and the calendar year two years before the date of adjustment.

6(3)If the adjustment calculated under subsection (2) is not a multiple of five cents, it shall be rounded to the nearest multiple of five cents or, if it is equidistant between two consecutive multiples, to the higher multiple.

6(4)If an adjustment otherwise required by this section would result in a decrease in the minimum wage, no adjustment shall be made.

6(5)On and after January 1, 2023, within 30 days of the release of the Consumer Price Index for December, the Minister shall publish each year in The Royal Gazette notice of the minimum wage that is to apply on and after April 1 of the current year.

Minimum wage for piece workers

7Wages paid to piece workers shall not be less than the minimum wage for the number of hours actually worked during a pay period.

Minimum wage per week

8The minimum wage for employees whose hours of work per week are unverifiable and who are not strictly employed on a commission basis is as follows:

(a) from April 1, 2022, to September 30, 2022, inclusive, $561 per week;

(b) from October 1, 2022, to March 31, 2023, inclusive, $605 per week; and

Minimum wage for excess time worked

9The minimum wage payable for time worked in excess of the maximum number of hours of work established in section 5 is as follows:

(a) from April 1, 2022, to September 30, 2022, inclusive, $19.13 per hour;

(b) from October 1, 2022, to March 31, 2023, inclusive, $20.63 per hour; and

Board and lodging

10No amount shall be deducted from the minimum wage by an employer for board and lodging which was not furnished by the employer to the employee.