On December 6, 2018, Bill 57, Restoring Trust, Transparency and Accountability Act, 2018  (“Bill 57”), passed Third Reading and received Royal Assent. As a result of Bill 57, the Pay Transparency Act, 2018  (“Act”) will not come into force on January 1, 2019 as expected, and will be put on hold to allow the government to engage in public consultations.
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The Ontario government has passed Bill 3, Pay Transparency Act, 2018. The Act imposes requirements on employers to promote equality of compensation between men and women, and to increase the transparency of information regarding compensation and workforce composition. The Act is set to come into force on January 1, 2019.
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Last week, the Ontario government announced its intention to introduce pay transparency legislation – see our article on the announcement here.  Bill 203, the Pay Transparency Act, 2018 has now been introduced. The newly proposed legislation is consistent with the Ontario government’s press release. In particular, it proposes to impose the following requirements on employers:

  • a salary rate or range must be stated in all publicly advertised job postings;
  • job candidates may not be asked about their past compensation;
  • no reprisals may be made against employees who discuss or disclose compensation; and
  • certain employers must track and report compensation gaps based on gender and/or other diversity characteristics (in “pay transparency reports”).

Bill 203 also sets out in greater detail the proposed pay transparency requirements. In particular:
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The government of Ontario announced today that it will introduce new legislation to require certain employers to track and publish their compensation information. The proposed legislation is part of the province’s initiative to advance women’s economic status and create more equitable workplaces (the initiative is titled “Then Now Next: Ontario’s Strategy for Women’s Economic Empowerment”). Today’s announcement comes on the heels of last week’s budget plan in which the federal government outlined proposed proactive pay equity legislation that would apply to federally regulated employers – see here for our article on the proposed federal legislation.
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