- The progress and implications of Ontario’s latest “Working for Workers” legislation
- Implications of Pay Transparency Legislation in British Columbia and
Shore Up 2024 Planning By Tuning Into Canadian Employer Update (Webinar Recording)
Ontario Poised to Pass Major Changes to Job Posting Requirements
Special thanks to our articling student Madison Bruno for contributing to this update.
On November 14, the Ontario Government introduced Bill 149, Working for Workers Four Act, 2023. If passed as expected, Bill 149 would significantly change several employment statutes, building on the Working for Workers Acts, 2021, 2022, and 2023. Key changes include: new requirements for Ontario employers to disclose pay information in job postings; a new obligation to disclose whether artificial intelligence was used during the hiring process; and it would prohibit using Canadian work experience as a job requirement.Continue Reading Ontario Poised to Pass Major Changes to Job Posting Requirements
Update: New Guidance Details Requirements Under the British Columbia Pay Transparency Act
Special thanks to our articling student Ravneet Minhas for contributing to this update.
In a previous post, we discussed the legislative trend for greater pay transparency across Canada, including in British Columbia with the recent adoption of the Pay Transparency Act.
The British Columbia government has since released guidance on the application of the Act. This clarifies the requirement to include salary or wage information in all publicly advertised job postings, effective November 1, 2023.
Required Wage and Salary Information in Job Postings
To comply with the Act, employers (and third parties posting on behalf of an employer) must include the expected wage or salary or expected wage or salary range in job postings. For example:
- $20 per hour; or
- $40,000 to $60,000 per year.
The wage or salary range cannot be unspecified or open-ended. For example, stating that a job pays “$20-$30 per hour” would comply with the Act, while “$20 per hour and up” would not.
The Province leaves it to the employer’s discretion to decide how extensive the advertised wage or salary range may be. Further, employers are not required to include bonus pay, overtime pay, tips, or benefits in their job postings. The above requirements do not prevent an applicant from requesting a higher wage or salary than the amount advertised. Similarly, employers are free to offer an applicant a higher wage or salary than the one included in the job posting.Continue Reading Update: New Guidance Details Requirements Under the British Columbia Pay Transparency Act
Paid Sick Days in British Columbia for Reasons Related to COVID-19
On May 20, 2021, the government of British Columbia passed Bill 13, Employment Standards Amendment Act (No. 2), 2021, which amends the Employment Standards Act, 1996 to provide employees with three days of paid sick leave for reasons related to COVID-19, as well as a permanent paid sick leave for any illness or injury.