Acts and Regulations

2019-2 - Minimum Wage

Full text
Revoked on 1 April 2022
under the
Employment Standards Act
(O.C. 2019-51)
Filed March 28, 2019
Under section 9 of the Employment Standards Act, the Lieutenant-Governor in Council makes the following Regulation:
Repealed: 2022-15
1This Regulation may be cited as the Minimum Wage RegulationEmployment Standards Act.
2The following definitions apply in this Regulation.
“Act” means the Employment Standards Act.(Loi)
“Consumer Price Index” means the Consumer Price Index for New Brunswick (All-items) published by Statistics Canada under the Statistics Act (Canada).(indice des prix à la consommation)
“minimum wage” means the amount fixed or determined under section 6.(salaire minimum)
3Unless otherwise provided in the Act or any regulation made under the Act, this Regulation applies to every employee and employer in New Brunswick.
Higher wage may be paid
4The minimum wage established by this Regulation is a minimum wage only, and an employer may pay a higher wage.
Maximum number of hours of work at minimum wage
5The maximum number of hours of work for which the minimum wage shall be paid is 44 hours per week.
Minimum wage
6(1)The minimum wage is fixed at $11.50 per hour.
6(2)The minimum wage shall be adjusted on April 1, 2020, and on April 1 of each succeeding year by the percentage change in the Consumer Price Index between the calendar year immediately before the date of adjustment and the calendar year two years before the date of adjustment.
6(3)If the adjustment calculated under subsection (2) is not a multiple of five cents, it shall be rounded to the nearest multiple of five cents or, if it is equidistant between two consecutive multiples, to the higher multiple.
6(4)If an adjustment otherwise required by this section would result in a decrease in the minimum wage, no adjustment shall be made.
6(5)Each year within 30 days of the release of the Consumer Price Index for December, the Minister shall publish in The Royal Gazette notice of the minimum wage that is to apply on and after April 1 of the current year.
Minimum wage for piece workers
7Wages paid to piece workers shall not be less than the minimum wage for the number of hours actually worked during a pay period.
Minimum wage per week
8The minimum wage for employees whose hours of work per week are unverifiable and who are not strictly employed on a commission basis shall be calculated on a weekly basis by multiplying the minimum wage by 44.
Minimum wage for excess time worked
9The minimum wage payable for time worked in excess of the maximum number of hours of work established in section 5 is one and one-half times the minimum wage.
Board and lodging
10No amount shall be deducted from the minimum wage by an employer for board and lodging which was not furnished by the employer to the employee.
11New Brunswick Regulation 2018-25 under the Employment Standards Act is repealed.
12This Regulation comes into force on April 1, 2019.
N.B. This Regulation is consolidated to April 1, 2022.