Pay Transparency Act, 2018 Postponed

Written by on December 11, 2018 in Employment Law Blog, Employment Law Issues
Canadian Court Columns

 

By Aneesha Lewis

On December 6, 2018, Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 received Royal Assent, which, among multiple amendments to various legislation, postponed the commencement date of the Pay Transparency Act, 2018 (“Act”).

Previously, the Act was to come into force on January 1, 2019. However, now, the date of commencement of the Act is “on a day to be named by proclamation of the Lieutenant Governor.” This future date of proclamation is not yet known.

It is important to note that, while the date the Act comes into force is delayed, there have been no other changes to the contents and requirements of the Act. As discussed in our May 30, 2018 blog, once in force, the Act will:

  • Prohibit employers from requesting compensation history from any job applicant;
  • Require employers to post the expected compensation or compensation range on publically advertised job postings;
  • Implement the requirement of employers with 100 employee or more to prepare pay transparency reports; and,
  • Prohibit reprisals against employees who inquire about their compensations, disclose their compensation to other employees, inquire about the pay transparency report of the content thereof, provide information to the Ministry of Labour regarding the employer’s compliance or non-compliance with the Act, or ask the employer to comply with the Act.

We will be monitoring the status of the Act and will provide an update as to the new commencement date once it becomes more transparent.

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