Acts and Regulations

E-7.2 - Employment Standards Act

Section 90.1
Disposition versions

Full text
Reciprocal enforcement of orders, certificates and judgments
90.1(1)If the Lieutenant-Governor in Council is satisfied that reciprocal provision has been or will be made by any other province or territory of Canada for the enforcement of orders, certificates or judgments under this Act for the payment of wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee, the Lieutenant-Governor in Council may, by Order in Council,
(a) declare that province or territory to be a reciprocating province or territory for the purpose of enforcing orders, certificates or judgments for the payment of wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee under an enactment of that province or territory, and
(b) designate an authority of that province or territory for the purpose of this section.
90.1(2)If an order, certificate or judgment for the payment of wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee has been made, issued or obtained under an enactment of a reciprocating province or territory, the authority of that province or territory designated under paragraph (1)(b) may apply to the Director to enforce the order, certificate or judgment.
90.1(3)An application under subsection (2) shall be accompanied by a copy of the order, certificate or judgment made, issued or obtained under an enactment of the reciprocating province or territory
(a) certified to be a true copy by the court in which the order, certificate or judgment is registered, or
(b) if there is no provision in the reciprocating province or territory for registration of the order, certificate or judgment in a court, certified to be a true copy by the authority of the reciprocating province or territory designated under paragraph (1)(b).
90.1(4)If, on receipt of an application under subsection (2), the Director is satisfied that wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee is still owing, the Director shall file the copy of the order, certificate or judgment in The Court of King’s Bench of New Brunswick and the order, certificate or judgment is then enforceable in favour of the Director or the authority of the reciprocating province or territory designated under paragraph (1)(b) as if the order, certificate or judgment were a judgment of The Court of King’s Bench of New Brunswick.
90.1(5)The Regulations Act does not apply to an Order in Council made under subsection (1).
1996, c.86, s.2; 2023, c.17, s.70
Reciprocal enforcement of orders, certificates and judgments
90.1(1)If the Lieutenant-Governor in Council is satisfied that reciprocal provision has been or will be made by any other province or territory of Canada for the enforcement of orders, certificates or judgments under this Act for the payment of wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee, the Lieutenant-Governor in Council may, by Order in Council,
(a) declare that province or territory to be a reciprocating province or territory for the purpose of enforcing orders, certificates or judgments for the payment of wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee under an enactment of that province or territory, and
(b) designate an authority of that province or territory for the purpose of this section.
90.1(2)If an order, certificate or judgment for the payment of wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee has been made, issued or obtained under an enactment of a reciprocating province or territory, the authority of that province or territory designated under paragraph (1)(b) may apply to the Director to enforce the order, certificate or judgment.
90.1(3)An application under subsection (2) shall be accompanied by a copy of the order, certificate or judgment made, issued or obtained under an enactment of the reciprocating province or territory
(a) certified to be a true copy by the court in which the order, certificate or judgment is registered, or
(b) if there is no provision in the reciprocating province or territory for registration of the order, certificate or judgment in a court, certified to be a true copy by the authority of the reciprocating province or territory designated under paragraph (1)(b).
90.1(4)If, on receipt of an application under subsection (2), the Director is satisfied that wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee is still owing, the Director shall file the copy of the order, certificate or judgment in The Court of Queen’s Bench of New Brunswick and the order, certificate or judgment is then enforceable in favour of the Director or the authority of the reciprocating province or territory designated under paragraph (1)(b) as if the order, certificate or judgment were a judgment of The Court of Queen’s Bench of New Brunswick.
90.1(5)The Regulations Act does not apply to an Order in Council made under subsection (1).
1996, c.86, s.2
Reciprocal enforcement of orders, certificates and judgments
90.1(1)If the Lieutenant-Governor in Council is satisfied that reciprocal provision has been or will be made by any other province or territory of Canada for the enforcement of orders, certificates or judgments under this Act for the payment of wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee, the Lieutenant-Governor in Council may, by Order in Council,
(a) declare that province or territory to be a reciprocating province or territory for the purpose of enforcing orders, certificates or judgments for the payment of wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee under an enactment of that province or territory, and
(b) designate an authority of that province or territory for the purpose of this section.
90.1(2)If an order, certificate or judgment for the payment of wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee has been made, issued or obtained under an enactment of a reciprocating province or territory, the authority of that province or territory designated under paragraph (1)(b) may apply to the Director to enforce the order, certificate or judgment.
90.1(3)An application under subsection (2) shall be accompanied by a copy of the order, certificate or judgment made, issued or obtained under an enactment of the reciprocating province or territory
(a) certified to be a true copy by the court in which the order, certificate or judgment is registered, or
(b) if there is no provision in the reciprocating province or territory for registration of the order, certificate or judgment in a court, certified to be a true copy by the authority of the reciprocating province or territory designated under paragraph (1)(b).
90.1(4)If, on receipt of an application under subsection (2), the Director is satisfied that wages, public holiday pay or pay in lieu of public holidays, vacation pay or pay in lieu of vacation, pay in lieu of notice of termination or any other benefit owing to an employee is still owing, the Director shall file the copy of the order, certificate or judgment in The Court of Queen’s Bench of New Brunswick and the order, certificate or judgment is then enforceable in favour of the Director or the authority of the reciprocating province or territory designated under paragraph (1)(b) as if the order, certificate or judgment were a judgment of The Court of Queen’s Bench of New Brunswick.
90.1(5)The Regulations Act does not apply to an Order in Council made under subsection (1).
1996, c.86, s.2