BILL 8 An Act to Amend the Employment Standards Act

BILL 8

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:

1 Section 10 of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is repealed.

2 The heading "MINIMUM WAGE BOARD" preceding section 46 of the Act is repealed.

3 Section 46 of the Act is repealed.

4 Section 47 of the Act is repealed.

5 Section 48 of the Act is repealed.

6 Section 49 of the Act is repealed.

7 Section 60 of the Act is amended

(a) in subsection (3) by striking out "Minimum Wage Board, the";

(b) in subsection (4) by striking out "Minimum Wage Board, the".

8 Paragraph 82(b) of the Act is amended by striking out ", the Minimum Wage Board".

EXPLANATORY NOTES

Section 1

The existing provision is as follows:

10(1) The Lieutenant-Governor in Council shall not make a regulation under section 9 until such time as the matter in respect of which the regulation is to be made has been considered by the Minimum Wage Board and the Minimum Wage Board has rendered its advice on the matter.

10(2) The Minimum Wage Board, or any member of the Minimum Wage Board when authorized by it, may, on its own initiative or at the direction of the Lieutenant-Governor in Council, conduct such investigations and hold such conferences and hearings as it considers necessary for the purpose of rendering advice to the Lieutenant-Governor in Council on the matters referred to in section 9.

10(3) In advising the Lieutenant-Governor in Council, the Minimum Wage Board shall take into account the social and economic effects of minimum wage rates in the province and shall consider, among other matters,

(a) any cost of living increase since any previous order or regulation, with respect to the cost to an employee of purchasing the necessities of life, including but not limited to housing, food, clothing, transportation and health care and supplies; and

(b) economic conditions within the province and the concept of a reasonable return on private investment.

Section 2

A heading is repealed.

Section 3

The existing provision is as follows:

46(1) There shall be a board consisting of two or more persons equally representative of employees and employers respectively and one additional person who shall be chairman, which board shall be known as the Minimum Wage Board.

46(2) The function of the Minimum Wage Board is to advise the Lieutenant-Governor in Council in accordance with section 10.

Section 4

The existing provision is as follows:

47(1) The members of the Minimum Wage Board shall be appointed by the Lieutenant-Governor in Council for a term not exceeding four years, shall be paid such per diem allowance on their attendance at the meetings of the Minimum Wage Board as the Lieutenant-Governor in Council may from time to time prescribe, and shall be entitled to reasonable and necessary travelling expenses as fixed by the Lieutenant-Governor in Council.

47(2) A member of the Minimum Wage Board may be reappointed.

47(3) The appointment of any member of the Minimum Wage Board may be revoked by the Lieutenant-Governor in Council for cause.

Section 5

The existing provision is as follows:

48 In conducting an investigation authorized under subsection 10(2), the Minimum Wage Board, and any member authorized to act for the Minimum Wage Board, has the powers, privileges, immunities and responsibilities of a commissioner under the Inquiries Act and regulations thereunder.

Section 6

The existing provision is as follows:

49 A majority of the members of the Minimum Wage Board constitutes a quorum, and the recommendation of a majority of members at any meeting is the recommendation of the Minimum Wage Board.

Section 7

(a) The existing provision is as follows:

60(3) The Minimum Wage Board, the Labour and Employment Board, the Director and an Employment Standards Officer may at any time request from any employer, or from any person, firm, company or partnership maintaining an employee’s records, information required to be kept under subsection (1) with respect to any employee, and such request shall forthwith be complied with.

(b) The existing provision is as follows:

60(4) Where the employer fails to maintain accurate records in accordance with this Act, the Minimum Wage Board, the Labour and Employment Board or the Director may accept the evidence of an employee with respect to his employment, and the onus of proving the contrary shall be on the employer.

Section 8

The existing provision is as follows:

82 Any person who….

 

 

(b) wilfully supplies or causes to be supplied false or misleading information to the Director, the Board, the Minimum Wage Board or an Employment Standards Officer;

 

commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.