On March 7, 2023, the British Columbia government introduced Bill 13-2023, the Pay Transparency Act (the Act). The Act was proposed legislation aiming to promote pay equity and transparency and to help address the province’s gender pay gap.
Starting on November 1, 2023, the Act requires employers to include wage or salary ranges on all publicly advertised jobs. Furthermore, employers are prohibited from requesting pay history information from prospective employees.
The Act forbids employers from taking retaliatory action against employees who inquire about pay, disclose information about pay, request compliance with the Act, make inquiries about pay transparency reports or report non-compliance to directors.
The Act also requires employers to publicly post reports regarding their gender pay gap (Pay Gap Reports).
Roll out of requirement
This requirement will gradually be rolled out over the next few years, as follows:
- November 1, 2023: B.C. Public Service Agency and Crown corporations with more than 1,000 employees (including ICBC, BC Hydro, WorkSafeBC, BC Housing, BC Lottery Corporation and BC Transit).
- November 1, 2024: all employers with 1,000 employees or more
- November 1, 2025: all employers with 300 employees or more
- November 1, 2026: all employers with 50 employees or more
Pay range requirements
Employers must post wage and salary information for any job that is open to B.C. residents and could be filled by them. Employers must state either a specific salary or wage (for example, $20 per hour or $50,000 per year) or a specific salary or wage range (for example, $20-$30 per hour or $50,000-70,000 per year).
It does not follow the Act to say the pay will be “$20 per hour and up” or “start at $50,000 per year.” Employers do not have to give additional information about other types of pay (such as a bonus) or benefits in a public job posting. In addition, employers do not have to give salary or wage information for jobs that are not public or for general hiring campaigns that are not for a specific job.
The province’s Ministry of Finance will publish an annual centralized report of gender pay in B.C. by June 1 each year. The B.C. government announced that regulations are being developed to provide additional information about the requirements of Pay Gap Reports.
Additional guidance from the government on wage or salary information in job postings can be found here.
Should you have any questions about how this will impact your organization, contact a member of our Labour & Employment team.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.