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Pay Transparency Act Consultations to Give Employers a Say on Prospective Reporting Requirements

The Provincial Government has launched public consultations to solicit views on proposed regulatory requirements under the Pay Transparency Act, 2018.

In a Consultation Paper published by the Ministry of Labour on February 19, 2019, the Government solicits written submissions from interested individuals and organizations concerning proposed pay transparency reporting requirements. The regulation the Government is considering “would set out the requirements for employers with 100 or more employees to annually calculate, and make available, information about organizational wage gaps and workforce composition with respect to gender.”

The Consultation Paper requests general feedback as well as responses to specific questions about wage gap calculations, reporting periods, and the costs associated with implementation and compliance. Written submissions are due by April 5, 2019, and should be emailed to [email protected].

Employers likely recall that the Pay Transparency Act was passed by the previous Liberal Government and originally scheduled to come into force on January 1, 2019. However, on December 6, 2018, the new Provincial Government passed Bill 57 which, among other things, postponed the implementation of the Pay Transparency Act to an indeterminate future date to be proclaimed by the Lieutenant Governor.

The Provincial Government’s decision to hit pause on the Pay Transparency Act initially led to speculation that the Act might be deferred indefinitely or repealed in its entirety, much like Bill 148. The launch of public consultations now suggests that the Government is receptive to moving forward with the Pay Transparency Act, and looking to fine-tune the legislation in response to submissions received during the consultation period.

Stay tuned to McCarthy Tétrault’s Employer Advisor blog for the latest news about the Pay Transparency Act.

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