BILL 81
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 9 of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended by adding after subsection (1) the following:
9( 1.1) A regulation made under subsection (1) shall not fix the minimum wage at less than
a$15 per hour, or
bthe equivalent of $15 per hour if fixed upon a daily, weekly, monthly or other basis.
2 Section 10 of the Act is amended
ain subsection (1) by striking out “Every two years after December 31, 2014” and substituting “In 2022 and every year after that”;
bin subsection (2)
( i) in paragraph (a) by adding after subparagraph (i) the following:
( i.1) measures of poverty and the ability of an employee to maintain a suitable standard of living,
( ii) by repealing paragraph (b) and substituting the following:
bsolicit and consider written and in-person submissions from the public, including from representatives of employers and employees.
3 The heading “Maximum number of hours of work at minimum wage rate” preceding section 15 of the Act is repealed and the following is substituted:
Maximum number of hours of work at regular wage rate
4 Subsection 15(1) of the Act is amended by striking out “the minimum wage rate” and substituting “the employee’s regular wage rate”.
5 Section 16 of the Act is amended by striking out “the minimum wage rate” and substituting “the employee’s regular wage rate”.
6 Paragraph 18(1)(a) of the Act is repealed.
7 Section 24 of the Act is amended
ain subsection (1) by striking out “eight” and substituting “five”;
bin subsection (1.1) by striking out “eight” and substituting “five”.
8 Subsection 26(1) of the Act is amended
ain paragraph (a) by striking out “eight” and substituting “five”;
bin paragraph (b) by striking out “eight” and substituting “five”.
9 Section 43 of the Act is amended
aby adding after subsection (1) the following:
43( 1.1) If an employee’s pregnancy terminates due to miscarriage or stillbirth, the employer shall, upon the request of the employee, grant the employee a leave of absence without pay of
athe longer of
( i) the period that ends 17 weeks after the commencement date of the leave of absence under subsection (1), and
( ii) the period that ends 12 weeks after the miscarriage or stillbirth; or
bsuch shorter period as the employee requests.
bin subsection (2) in the portion preceding paragraph (a) by striking out “this section” and substituting “subsection (1)”.
10 Subsection 44.021(1) of the Act is amended by striking out “without pay of up to five days” and substituting “with pay of up to ten days”.
11 The Act is amended by adding after section 44.05 the following:
FINANCIAL SUPPORT PROGRAM
Financial support program
44.06( 1) The Minister shall implement a financial support program as described in this section.
44.06( 2) The financial support program shall provide for temporary financial support to be given to employers to help them adapt to any increased costs associated with a minimum wage increase resulting from the enactment of subsection 9(1.1) or the paid sick leave under subsection 44.021(1).
44.06( 3) Subject to subsection (4), the Minister may provide funding to employers under the financial support program for the purpose referred to in subsection (2).
44.06( 4) The Minister may only make a payment under subsection (3) if money has been appropriated for that purpose by the Legislature.
Commencement
12 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.