Skip to content

Proposed Changes to the Employment Standards Act (New Brunswick)

The New Brunswick government is seeking feedback from stakeholders on proposed changes to the Employment Standards Act (“Act”). The proposed changes relate to:

– the statutory minimum wage;

– employment protections for young workers; and

– coverage under the Employment Standards Act.

Minimum Wage

The proposed changes would have the minimum wage indexed to provincial inflation rates as opposed to Canadian inflation rates, as this is thought to provide a better indication of changes to the cost of living in New Brunswick, since the national rates reflect price changes in other parts of the country where some goods have different costs.

Protections for Young Workers

Presently, individuals under the age of 16 are not permitted to work in employment:

– that is or is likely to be unwholesome or harmful to the person’s health, welfare or moral or physical development;

– for more than six hours per day;

– for more than three hours on a school day;

– between 10:00 p.m. and 6:00 a.m.; and

– total hours spent at school and at work must not exceed eight hours per day.

Individuals under the age of 14 are restricted from working in certain industries.

The proposed changes would:

– raise the pertinent age to 18 years old;

– disallow exemptions to the rules pertaining to youth workers;

– increase the age of restrictions from certain industries from under 14 to under 16;

– require the written consent from a parent or legal guardian to employ an individual under the age of 16;

– review the hourly restrictions; and

– review participation in artistic performances to determine whether provision should be added for performers under the age of 16.

The repeal of the exemptions provisions will result in no longer having the flexibility in the system to consider a youth employment situation which may involve exceptional circumstances. The restrictions on the number of hours a person under the age of 16 is permitted to work requires the difficult task of determining the number of hours which is most likely to result in a balance between work, life and school. It also has the potential to reduce income upon which a youth and/or his or her family may rely.

Coverage under the Employment Standards Act

The government is seeking input with respect to three areas of concern:

– clarifying the employment relationship;

– coverage for domestic workers and persons working in a private home; and

– coverage for long-term employees on small farms.

The potential changes to the definition of an employment relationship are of particular interest. At present, there is difficulty in classifying certain individuals as employees or independent contractors. The Act specifically excludes an independent contractor, but the current definition of “employee” in the Act could equally describe the role of an independent contractor in some circumstances.

The courts and labour boards have developed common law tests for determining whether an employment relationship exists. While adding the various factors which have been developed by the courts and labour boards may provide a greater degree of certainty for employers and workers, it could also lead to undue rigidity. In addition, it would be difficult, if not impossible, to create a legislated definition which would apply to all circumstances, particularly in light of the fact-specific nature of any such determination.

The New Brunswick government is accepting submissions from interested parties with respect to these issues until October 7, 2016.

The foregoing is intended for general information only. If you have any questions about how this may affect your business, please contact a member of our Labour & Employment practice group.

SHARE

Archive

Search Archive


 
 

New COVID-19 travel & quarantine requirements

March 9, 2021

Brendan Sheridan Canada has continually claimed to be one of the countries with the toughest COVID-19 related travel and quarantine requirements. In response to the new COVID-19 variants emerging in the UK and South Africa,…

Read More

Newfoundland and Labrador financial hardship unlocking available beginning today

March 1, 2021

Dante Manna As of today, Newfoundland and Labrador has joined several other jurisdictions with financial hardship unlocking provisions. While the new provisions do not allow direct unlocking from pension plans, and unlocking is not available…

Read More

Careful what you disclose: Court recognizes a new privacy tort for Nova Scotia

February 26, 2021

Nancy Rubin, QC Nova Scotia has taken a big step forward in recognizing the tort of publication of private facts. The case, Racki v Racki, 2021 NSSC 46 comes hot on the heels of Ontario’s…

Read More

Building French language ability in Canada through immigration

February 22, 2021

Kathleen Leighton Canada is committed to developing Francophone minority communities in the country (outside of Quebec). In furtherance of this goal, there are a number of immigration initiatives in place to attract French speakers. By…

Read More

Outlook for 2021 proxy season

February 16, 2021

Andrew Burke and Divya Subramanian The year 2020 was nothing short of unusual.  With COVID-19 impacting every aspect of business and life, shareholder meetings also transitioned to a virtual medium. For more on how the…

Read More

Ontario Superior Court recognizes new tort of internet harassment

February 5, 2021

Chad Sullivan and Kathleen Nash Overview The issue of hateful and harassing social media communication has garnered much attention in both the media and, more recently, in the courtroom. In Caplan v Atas,¹ Justice Corbett…

Read More

Business interruption and COVID-19: A UK perspective

January 25, 2021

Daniel MacKenzie and James Galsworthy On January 15, 2021, the United Kingdom’s Supreme Court (“Court”) issued a decision which is likely to be viewed as good news for policy holders who have endured business interruption…

Read More

Top five employment law issues going into 2021

January 15, 2021

Grant Machum, ICD.D and Mark Tector 2020 was a challenging year for many people and businesses. And while we are all happy to have 2020 in the rearview mirror, we anticipate that there will continue to…

Read More

Canada’s carbon tax – an increase and a refresher

January 14, 2021

Kevin Landry and William Wojcik On December 11, 2020, the federal government announced Canada’s strengthened climate plan in a document titled A Healthy Environment and a Healthy Economy (“Plan”). The Plan proposes to increase the carbon…

Read More

The end of the Mechanics’ Lien Act

January 13, 2021

Kenneth McCullogh, QC and Conor O’Neil, P.Eng. On December 18, 2020, the Legislative Assembly of New Brunswick passed the Construction Remedies Act. The new legislation will not take effect until a date to be named…

Read More

Search Archive


Scroll To Top