Special thanks to our summer associate Daniel Dai for contributing to this update.

British Columbia’s Pay Transparency Act, which received royal assent on May 11, 2023, imposes pay disclosure and reporting obligations on both public and private sector employers to address systemic discrimination in the workplace. It is the latest in a series of new pay transparency laws across Canada.

This push for more transparency to bridge the pay gap for historically disadvantaged groups is a global trend. In the United States, 8 states, including California, Colorado and Washington, along with cities like New York City, have recently adopted salary disclosure laws. There is also pending legislation at the federal level—the Salary Transparency Act—that would require all job postings to include the wage or wage range for a position. Similarly, the European Parliament approved the Pay Transparency Directive in March 2023, which is set to enter into force in 2024. Among other things, this Directive establishes a right to certain pay information and imposes pre-employment pay disclosure obligations on both public and private sector EU employers.

Recent Canadian Developments


Continue Reading The Legislative Push for Pay Transparency in Canada Mirrors Global Trend

To wrap up 2022 and prepare for 2023, we highlighted key developments in Canadian labour and employment law:

1. COVID-19 Update

Workplace Vaccination Policies

Mandatory vaccination policies remained a prevalent issue in 2022. The first decisions to provide guidance on this topic came out of unionized workplaces, with many upholding vaccination policies.

In Toronto District

Summary

On November 14, 2022, Bill 26 – Strengthening Post-secondary Institutions and Students Act, 2022, passed second reading in the Ontario legislature. If passed, Bill 26 will be effective on July 1, 2023, and will transform how post-secondary institutions and private career colleges address sexual misconduct by faculty and staff.

Bill 26’s key changes

Ontario Government Declares State of Emergency

The Government of Ontario declared a province-wide state of emergency in an effort to contain the spread of COVID-19. This will impact employers and employees.

The government ordered the closure of all facilities with recreational programs, public libraries, private schools as defined in the Education Act, licensed child care centres, movie and performance theatres, concert venues and bars and restaurants. Bars and restaurants that offer take out or delivery services can remain open for that purpose.
Continue Reading Update on COVID-19: Impact on the Workplace in Ontario