Distribution in case of death or wind-up, assessment and other amounts to be fixed charge
72(1)There shall be included among the debts which under the
Winding-up Act and the
Devolution of Estates Act, are, in the distribution of the property in the case of death or in the distribution of the assets of a company being wound up under those Acts respectively, to be paid in priority to all other debts, the amount of any assessment the liability whereof accrued before the date of the death, or before the date of the commencement of the winding-up, and those Acts shall have effect accordingly.
72(2)Notwithstanding any other Act, any amount due to the Commission by an employer
(a)
pursuant to an assessment made under this Act,
(b)
in respect of any amount that the employer is required to pay to the Commission under this Act, or
(c)
on any judgment for an amount referred to in paragraph (
a) or (
b),
creates a fixed, specific and continuing charge in favour of the Commission
(d)
on the property or proceeds of property, whether real or personal, of the employer in New Brunswick, including money payable to, for or on account of the employer, whether the property, proceeds or money is acquired or is to be acquired by the employer before or after the amount becomes due, and
(e)
on any property or proceeds of property, whether real or personal, in New Brunswick that is used by the employer in or in connection with, or produced by the employer in, the industry with respect to which the employer is assessed or the amount becomes due, whether the property is used or produced before or after the amount becomes due.
72(2.1)Subject to the
Employment Standards Act, the
Revenue Administration Act and the
Real Property Tax Act, the charge created under subsection (2) is payable in priority over all writs, judgments, debts, liens, charges, security interests as defined in the
Personal Property Security Act, rights of distress, assignments, including assignments of book debts, and other claims or encumbrances of whatever kind of any person, including the Crown, whether legal or equitable in nature, whether absolute or not, whether specific or floating, whether crystallized or otherwise perfected or not and whenever created or to be created.
72(3)Repealed: 2001, c.36, s.12
72(4)Notwithstanding subsection (2), where a charge, attaches to property produced in or by the industry with respect to which the employer is assessed it shall be extinguished upon the
bona fide sale of such property made in the ordinary course of business.
72(5)Repealed: 2001, c.36, s.12 R.S., c.255, s.67; 1965, c.48, s.11; 1975, c.92, s.8; 1982, c.67, s.9; 1985, c.4, s.70; 1994, c.70, s.12; 2001, c.36, s.12; 2005, c.13, s.10; 2015, c.22, s.10