BILL 12

An Act to Amend the Employment Standards Act

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

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

(a)  by repealing the definition “employer” and substituting the following:

“employer” means a person, firm, corporation, agent, manager, representative, contractor or subcontractor that, being responsible for a place of employment, does the following, and includes an employer as defined in the Public Service Labour Relations Act, but does not include a person that, directly or indirectly, has control or direction of or is responsible for the employment of a person in or about the person’s private home: (employeur)

(a)  authorizes a person to be present at the place of employment to perform work, supply services or receive training; and

(b)  directly or indirectly, has control or direction of or is responsible for the employment of a person;

(b)  by repealing the definition “employee” and substituting the following:

“employee” means a person who performs work for or supplies services to an employer for wages, and includes the following persons but does not include an independent contractor or a person who engages in an activity exempted by regulation: (salarié)

(a)  a person who performs work or supplies services at the place of employment, regardless of whether the person receives accommodations to meet the person’s needs; and

(b)  a person who receives training, if the skill in which the person is being trained is a skill used by other employees at the place of employment, regardless of whether the person receives accommodations to meet the person’s needs;

2 Section 85 of the Act is amended by adding after paragraph (a) the following:

(a.1)  for the purposes of the definition “employee” in section 1, prescribing exempted activities;

Commencement

3 This Act comes into force on a day to be fixed by proclamation.