BILL 41

An Act to Amend the Essential Services in Nursing Homes Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 12 of the Essential Services in Nursing Homes Act, chapter E-10.5 of the Acts of New Brunswick, 2009, is amended

(a)  by repealing subsection (1) and substituting the following:

12(1) If a notice referred to in section 5 is given by an employer or an application referred to in section 9 is made by an employer or a bargaining agent, no employee in the bargaining unit in respect of which the notice was given or the application was made shall strike or participate in a strike until

(a)  the employer and the bargaining agent have agreed upon, or the Board has determined, the positions in the bargaining unit to be designated positions and the employees in those positions have been informed by the Board; and

(b)  at least seven days have elapsed after the bargaining agent for the employee’s bargaining unit informs the Board in writing of its intention to strike.

(b)  by adding after subsection (3) the following:

12(3.1) If a notice referred to in section 5 is given by an employer or an application referred to in section 9 is made by an employer or a bargaining agent, no employer and no officer, director, representative, employee, agent or advisor of the employer shall lock-out employees in the bargaining unit in respect of which the notice was given or the application was made until

(a)  the employer and the bargaining agent have agreed upon, or the Board has determined, the positions in the bargaining unit to be designated positions and the employees in those positions have been informed by the Board; and

(b)  at least seven days have elapsed after the employer informs the Board in writing of its intention to lock-out those employees.

2 Subsection 14(3) of the Act is repealed and the following is substituted:

14(3) Every person who violates or fails to comply with subsection 12(3.1) or 12(4) commits an offence and is liable on conviction to a fine not exceeding $300 for each day or part of a day for which the lock-out is imposed, declared, authorized, continued or counselled in contravention of either of those subsections.

3 Section 18 of the Act is repealed and the following is substituted:

18 The Board may make regulations

(a)  establishing rules of procedure in respect of hearings held under sections 8 and 9;

(b)  prescribing the manner in which and the time within which the employer shall, in respect of a bargaining unit, provide to the Board the names of the employees in the bargaining unit who are employed in designated positions;

(c)  respecting the specification of the time within which and the persons to whom notices and other documents are to be sent and when such notices are deemed to have been given and received; and

(d)  respecting such other matters and things as may be incidental or conducive to the objects and purposes of the Board, the exercise of its powers and the attainment of the objects of this Act.

4 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.