Cole Mailloux
Associate
Article
4
On May 11, 2023, the Legislative Assembly of British Columbia passed the Pay Transparency Act (the Act). The Act imposes new restrictions and obligation on employers in relation to pay and pay reporting. Provisions already in force prohibit employees from:
All employers must include in their publically advertised job postings:
This is subject to limitations to be set out in upcoming regulations. Currently, the Act does not include provisions specifying how much the pay range can vary.
Employers do not need to include information regarding:
Employers above a certain workforce size will be required to complete and post pay transparency reports by Nov. 1 of each year. This requirement will apply in stages over the next four years:
The reports will need to illustrate any gaps in pay between certain groups. Details on what must be included in the reports are being developed in collaboration with the BC Public Service Agency and the six largest Crown corporations that will be required to report first in the fall of 2023.
Currently, the Act is devoid of regulations and there are no enforcement mechanisms in place to punish non-compliant employers. Employers in non-compliance, however, are subject to the legislated human rights framework.
Nonetheless, employers should update their employment policies, practices and contracts sooner rather than later. Specifically, employers should:
For more information, please contact the author or a member of the Employment, Labour and Equalities Group.
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