On August 1, 2024, New Brunswick Regulation 85-179 under the Employment Standards Act was amended by adding the following section:
For the purposes of the definition of "employee" in section 1 of the Act, the following activities are exempt:
- Job trials or job-shadowing lasting no more than 35 hours or five days, whichever is shorter, intended for learning about job or career opportunities and that do not result in employment;
- Experiential learning undertaken for credit as part of an educational program; and
- Pre-employment training lasting no more than eight weeks, provided by or on behalf of the Province, the Government of Canada, or a local government as defined in the Local Governance Act, to offer occupation-specific learning opportunities.
Employers must ensure they are compliant with the new regulation by:
- Keeping precise records of the nature and duration of the activities related to these exemptions.
- Communicating with individuals involved in these exempted activities about their status, the purpose of their participation, and the fact that they are not considered employees under the Act.
- Preventing the misuse of these exemptions to bypass employment standards obligations.