Employers Take Note: Pay Transparency Act Takes Effect

Pursuant to the new Pay Transparency Act, as of November 1, 2023, employers in BC are subject to certain posting and reporting obligations. Employers are now required to include the expected pay or the expected pay range for any publicly posted job opportunity. This obligation does not apply to job postings that are not posted publicly. Employers are also required to publish annual Pay Transparency Reports, which must be posted publicly on the employer’s website. The provincial government and certain Crown corporations were the first to be required to publish these reports on November 1, 2023.  This reporting requirement is being rolled out gradually and will apply to private employers under the following timeline:

•    By November 1, 2024 employers who have 1,000 employees or
     more in British Columbia;

•    By November 1, 2025 employers who have 300 employees or
     more in British Columbia;

•    By November 1, 2026 employers who have 50 employees or more
     in British Columbia; and

•    By November 1, 2027, employers who have less than 49
     employees in British Columbia, but more than a number

Prescribed by regulation. In addition to the posting and reporting obligations, the Act now prohibits employers from seeking pay history from job applicants or taking actions of retaliation or punishment against any employee inquiring about, or revealing, pay information to other employees or job applicants. 

Regulations under the Act are expected to be released later this fall, at which time we will provide additional clarity regarding the posting and reporting obligations. For any questions regarding this new Act, please contact any member of Clark Wilson’s Employment & Labour Group.