1In this Act
“agricultural services” means services associated with the tilling of the soil, the planting and harvesting of crops for food production and the raising of animals for food, and includes services associated with a related activity of an employer if the primary activity of the employer is the business of tilling the soil, of planting and harvesting crops for food production or of raising animals for food, and the primary activity and the related activity can reasonably be treated as part of a single agricultural operation;(services agricoles)
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“close family relationship” means the relationship between persons who are married to one another, between parents and their children, between siblings and between grandparents and their grandchildren, and includes a relationship between persons who, though not married to one another and whether or not a blood relationship exists, demonstrate an intention to extend to one another the mutual affection and support normally associated with those relationships first mentioned;(liens familiaux étroits)
“collective agreement” means an agreement in writing between
(convention collective)
(a)
an employer or an employer’s organization, and
(b)
a trade union or a council of trade unions that represents employees of the employer or employees of members of the employers’ organization, on the other hand,
containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;
“construction industry” means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipelines, tunnels, bridges, canals or other works at the site thereof;(industrie de la construction)
“Director” means the person appointed under subsection 45(2);(Directeur)
“dismissal” means the termination of the employment relationship for cause at the direction of the employer;(licenciement)
“domestic services” Repealed: 1984, c.42, s.1
“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;
“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;
“establishment” means a place or places at or in which all or any part of a business or undertaking of an employer is or has been carried on;(établissement)
“Family Day” means the third Monday in February;(jour de la Famille)
“forest industry” means all operations in or incidental to the production or manufacture of articles produced from wood;(industrie forestière)
“industrial undertaking” includes an undertaking in which articles are manufactured, altered, cleaned, repaired, finished, prepared for sale or demolished, or in which materials are transformed, including shipbuilding and the generation, transformation, transmission and distribution of electricity or motive power of any kind, mines, quarries, and other works for the extraction of minerals from the earth, and undertakings in the construction industry;(entreprise industrielle)
“layoff” means a temporary interruption of the employment relationship at the direction of the employer because of a lack of work;(mise à pied)
“midwife” means a midwife as defined in the Midwifery Act;
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“non-bargaining employee” means an employee whose terms and conditions of employment are not the subject of a collective agreement;(salarié non syndiqué)
“nurse practitioner” means a person who is registered under the laws of the Province as authorized to practice as a nurse practitioner;(infirmière praticienne)
“overtime” means the time worked by an employee in excess of the hours of work established by section 9 or section 15;(heures supplémentaires)
“pay” means wages, public holiday pay, pay in lieu of public holidays, vacation pay and pay in lieu of vacation paid or due to an employee, benefits, initiation fees and union dues checked off by the employer, but does not include deductions from wages that may lawfully be made by an employer;(rémunération)
“period of employment” means the period of time from the last hiring of an employee by an employer to the termination of their employment, and includes any period of layoff or suspension of less than twelve consecutive months;(période d’emploi)
“place of employment” means any building, structure, premises, water, land or other place or thing in or upon which one or more persons are or has been employed for wages;(lieu d’emploi)
“public holiday” means New Year’s Day, Family Day, Good Friday, Canada Day, New Brunswick Day, Labour Day, Remembrance Day and Christmas Day, and includes any day substituted for one of those days under this Act; (jour férié)
“regulation” means a regulation made by the Lieutenant-Governor in Council under this Act;(règlement)
“suspension” means a temporary interruption of the employment relationship other than a layoff, at the direction of the employer;(suspension)
“termination” means the unilateral severance of the employment relationship at the direction of the employer;(cessation)
“Tribunal” Repealed: 1994, c.52, s.1
“wages” includes salary, commissions and compensation in any form for work or services measured by time, piece or otherwise, but does not include public holiday pay, pay in lieu of public holidays, vacation pay, pay in lieu of vacation, gratuities or honoraria.(salaire)
1983, c.10, s.2; 1983, c.30, s.8; 1984, c.42, s.1; 1986, c.8, s.37; 1988, c.59, s.1; 1992, c.2, s.19; 1994, c.52, s.1; 1998, c.41, s.50; 2000, c.26, s.106; 2002, c.23, s.1; 2003, c.4, s.1; 2004, c.10, s.1; 2006, c.16, s.60; 2007, c.10, s.30; 2011, c.26, s.1; 2017, c.38, s.2; 2017, c.63, s.21; 2019, c.2, s.48; 2022, c.33, s.1; 2022, c.52, s.1