New Brunswick Employment Law for Martial Arts Schools: Non-Competes, Pay and Hiring Rules
Researched October 21, 2026. General information, not legal advice. Part of the Martial Arts Employment Law Center. Points we could not confirm from a primary source are marked. Confirm with an employment lawyer admitted in New Brunswick before you sign, change or enforce a staff agreement.
New Brunswick courts will enforce an employee non-compete only if it protects a legitimate business interest and is reasonable in time, territory and scope.
Research confidence: medium.
Can a martial arts school in New Brunswick make instructors sign a non-compete?
New Brunswick has no statute restricting employee non-competes as of October 2026, so the common-law test applies: a non-compete is presumed unenforceable and survives only if it is clear, reasonable in time, geography and activity, and needed to protect a real business interest (Elsley, 1978; Shafron v. KRG, 2009 SCC 6). Courts will not rewrite a vague or overbroad clause, and they are much stricter with employees than with someone who sold a business (Payette v. Guay, 2013 SCC 45). An ordinary instructor or front-desk employee is very unlikely to be held to a non-compete; a narrow non-solicit is the realistic tool.
Can you stop a departing instructor from soliciting your students?
Allowed if reasonable, and courts usually prefer them to non-competes. A clause barring a departing instructor from soliciting students or families they actually taught, for about 6 to 12 months, has a much better chance than a radius ban. Vague terms (for example an undefined ‘customers’ list or no time limit) can sink the whole clause because courts will not fix it for you.
Can you stop a departing instructor from recruiting your staff?
Employee non-solicit (no-poach of staff) clauses are judged by the same common-law reasonableness test and are generally enforceable if limited in time and scope. There is no provincial statute on them; the proposed federal ban in Bill C-31 would apply only to federally regulated employers, not to martial arts schools.
What is the minimum wage for instructors in New Brunswick?
$15.90 per hour since April 1, 2026. New Brunswick adjusts by CPI each April 1; the 2027 rate has not been announced. No city minimums.
When do instructors earn overtime?
Overtime is owed after 44 hours in a week and is paid at 1.5 times the minimum wage (not 1.5 times the employee’s regular rate) under the Employment Standards Act. No daily overtime rule.
When is the final paycheck due?
Sources differ on the exact deadline: one summary says all amounts are due at the earlier of the next regular payday or 21 days after the job ends (Employment Standards Act s. 37). Not confirmed — check with Employment Standards. Earned commissions are wages.
What background checks can you run on instructors who teach children?
No fair-chance law, and criminal record is not a protected ground under the NB Human Rights Act. Vulnerable sector checks (VSC) are done by the local police or RCMP with the applicant’s consent and only for positions of trust or authority over children or vulnerable people (federal Criminal Records Act); a school hiring child-facing instructors qualifies to ask for one, but you cannot get it directly without the candidate. The new Pay Transparency Act (in force June 12, 2026) bars asking applicants about past pay.
Are martial arts instructors mandated reporters of child abuse?
Yes. Everyone who suspects a child is being abused or neglected must report it to the Department of Social Development (child protection) or police. The duty is now in the Child and Youth Well-Being Act, in force since early 2024.
What can a dress code or grooming policy require?
The NB Human Rights Act protects race, colour, national origin, ancestry, creed or religion, sex, sexual orientation, gender identity or expression, disability, social condition and political belief or activity, so dress and grooming codes must accommodate religious dress, race-linked hair and gender expression short of undue hardship.
How far can a morals or conduct clause reach into off-duty life?
Political belief or activity is a protected ground, which limits morals clauses on political topics. Recreational cannabis is legal across Canada but no law protects off-duty use; you can ban impairment at work, and medical use must be accommodated as a disability issue up to undue hardship.
Do you have to disclose pay or allow staff to discuss it?
Yes, since June 12, 2026 under the new Pay Transparency Act: internal and external job postings must show the expected wage or pay range, and you cannot ask about or rely on an applicant’s pay history. Pay-discussion protections and public reporting for employers with 50+ employees come later, on dates still to be proclaimed.
What privacy rules apply to student and parent records?
No private-sector privacy statute, so the federal PIPEDA applies to student and parent information collected in the course of business. PIPEDA generally does not cover employee records of a provincially regulated employer.
Other New Brunswick rules that catch school owners
Since June 12, 2026 employees with 90+ days of service can take up to 27 weeks of unpaid, job-protected leave for serious illness or injury. We found no paid sick leave mandate. Youth employment rules limit hours and night work for workers under 16. Not confirmed — check specifics with Employment Standards.
What to watch in New Brunswick
Watch for proclamation of the Pay Transparency Act’s reporting and pay-discussion provisions (expected before March 2028). The next CPI minimum wage increase is expected April 1, 2027. Federal Bill C-31 (non-compete ban) applies only to federally regulated employers and does not cover a provincially regulated martial arts school.
The bottom line for New Brunswick schools
If you use a non-compete at all, reserve it for senior roles with a real legitimate interest, and keep time, territory and activity narrow. Where New Brunswick law allows it, a narrow student non-solicitation clause limited to students the employee actually taught, a confidentiality agreement, and real control of the student database protect a school far better.
Sources
- GNB – Minimum wage increase to $15.90 (French release)
- DLA Piper – New Brunswick expands pay transparency and employee leave rights
- Canadian Lawyer – Child and Youth Well-Being Act takes effect
- Employment Hero – New Brunswick employment standards (secondary)
- RCMP – Vulnerable sector checks
- Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6 (SCC decisions site)
- HRInsider – Termination payments by jurisdiction (secondary)
Also for New Brunswick: New Brunswick membership contracts
What every martial arts school staff package should contain
- Offer or employment agreement: the legal employer, the role and duties, workplace, pay, employment status and termination terms, reviewed against local rules. U.S. at-will language does not belong in a Canadian contract.
- Compensation schedule: hourly or salary terms, commissions and bonuses, and exactly when each is earned and paid. Record all working time, not only time on the mat. See instructor pay structures and overtime.
- Appearance and conduct policies: functional uniform, hygiene and safety standards with a written accommodation process. See the dress code and grooming guide.
- Child-protection policy: boundaries, private communications, transport, supervision and reporting. See the conduct clause guide and background checks for instructors.
- Confidentiality and data-security agreement: student records, CRM access, permitted use, return and deletion, and protected-disclosure exceptions (in the U.S., the federal DTSA whistleblower-immunity notice). See student data and trade secrets.
- Restrictive-covenant addendum: only what local law permits, usually a narrow student or staff non-solicitation clause; a non-compete only in exceptional cases. See non-compete laws by state and non-solicitation agreements.
Planning for a departure? Read When an instructor leaves: protecting students and records. Every state and province is indexed in the Martial Arts Employment Law Center.
Before you act on this
This article provides general information and is not legal advice. Employment, wage, human-rights, privacy and restrictive-covenant laws change, and their application depends on the exact wording of an agreement, the employee’s duties and pay, where the work is done and when the agreement was signed. Confirm the current statute, regulations and agency guidance, and take advice from a lawyer admitted in the relevant state or province, before drafting, changing or enforcing an employment agreement. Corrections: see our editorial policy.
