Month in Review – New Brunswick

LAWS & ANNOUNCEMENTS

Immigration

Feb 23: The federal government announced that it will provide over $740,000 in funding to the Saint John Newcomers Centre for initiatives designed to make it easier for refugees, racialized immigrants and other disadvantaged newcomers in New Brunswick to access legal support and services.

Action Point: Find out about the 10 things employers need to know about hiring temporary foreign workers

New Laws

Feb 29: From now through June 30, working residents and families in the province can apply for the one-time $300 N.B. Workers Benefit. To qualify applicants must submit a copy of their and their spouse or common law partner’s Canada Revenue Agency proof of income statement verifying that they filed a New Brunswick tax return and had family net income of $70,000 or less or family working income of $3,000 or more in the 2022 or 2023 tax year.

New Laws

Feb 27:  Bill 16, the Consumer Protection Act, which includes important new protections for applicants and recipients of payday loans, has been reported out of Committee and is now just 2 steps from passage.

Health & Safety

Feb 7: Proposed changes would require New Brunswick employers to establish a hearing conservation code of practice in consultation with the JHSC in a work area where noise exposure is above the levels specified in Sec. 30 of the OHS General Regulations. The new rules also include mandatory hearing tests for exposed workers. April is the deadline for comments.

Action Point: Find out how to create a vibrant safety culture at your organization

Health & Safety

Feb 7: Proposed OHS changes would require New Brunswick employers to establish and implement a code of practice concerning respiratory protective equipment for each place of employment where use of respiratory protective equipment is required listing, among other things, a description of the potential respiratory hazards and respiratory protective equipment required to control them, as well as requirements for training and proper selection, care, use, maintenance and fitting of respiratory protective equipment.

Workers Comp

Feb 16: After receiving hundreds of comments during public consultations, WorkSafeNB says it plans to go forward with its proposal to make a confirmed diagnosis of post-traumatic stress disorder for a correctional officer a condition that’s presumed to be work-related for purposes of workers comp coverage.

Action Point: Find out about workers comp coverage of mental stress claims in Canada

CASES

Labour Relations: Arbitrator Refuses to Second Guess Decision Not to Promote Senior Employee

The union cried foul after a medical lab passed over an employee with more seniority for promotion to a phlebotomist position. The lab contended that the more senior employee didn’t have the experience or professional training necessary for the position. The New Brunswick arbitrator sided with the lab and dismissed the grievance. Absent evidence of discrimination, bad faith or arbitrariness, arbitrators are generally reluctant to interfere with an employer’s decision with regard to the credentials required to qualify for a job, the arbitrator explained [CUPE, Local 1252 (821) and Turgeon v His Majesty the King in Right of New Brunswick, 2024 CanLII 11358 (NB LA), February 19, 2024].

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