BILL 71



An Act to Amend the Employment Standards Act

Her 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 by adding "Thanksgiving, Remembrance Day" after "Labour Day" in the definition "public holiday".

2Section 14 of the Act is repealed and the following is substituted:

Hours of Work

14Except as otherwise provided by or under this Act the standard hours of work of an employee shall not exceed eight hours in a day and forty hours in a week.

3Section 15 of the Act is repealed and the following is substituted:

15When an employee is required or permitted to work in excess of the standard hours of work, the employee shall, subject to any regulations made pursuant to section 16 be paid for the overtime at a rate of wages not less than one and one-half times his or her regular rate of pay.

4The Act is amended by adding after Section 15 the following:

15.1On each occasion where an employee is required to report for work on the premises of the employer's establishment at the request of the employer, the employer shall pay the employee for not less than three hours work calculated at the employee's regular rate of pay.

5Section 16 of the Act is repealed and the following is substituted:

16(1)An employer and any of the employer's employees may, in accordance with the regulations, join in a written application to the director for a variance of any of the following:

(a)section 14 (maximum hours of work);

(b)section 15 (overtime wages);

(c)section 15.1 (minimum daily hours).

16(2)The director may vary a time period or requirement specified in an application under subsection 16 (1) if the director is satisfied that

(a)a majority of the employees who will be affected by the variance are aware of its effect and approve of the application and

(b)the variance is consistent with the intent of this Act.

16(3)The director may

(a)specify that a variance applies only to one or more of the employer's employees,

(b)specify an expiry date for a variance, and

(c)attach any conditions to a variance.

16(4)On being served with a determination on a variance application the employer must display a copy of the determination in each workplace, in locations where the determination can be read by any affected employees.

6Subsection 24(1) of the Act is repealed and the following is substituted

24(1)An employee becomes entitled to an annual vacation of at least

(a)2 weeks after each of the first 4 years of employment, and

(b)3 weeks after 5 consecutive years of employment and each year of employment after that.

7Subsection 25(1) of the Act is repealed and the following substituted:

25(1)At least one day before his vacation begins the employer must pay an employee vacation pay of an amount at least equal to,

(a)for an employee entitled to 2 weeks' vacation or any lesser amount, 4% of the employee's wages for the year of employment for which vacation is given, or

(b)for an employee entitled to 3 weeks' vacation, 6% of the employee's wages for the year of employment for which vacation is given.

8Section 39 of the Act is amended by striking out "sixteen years" and substituting "seventeen years".


Last Modified: 02:23pm , February 24, 1998