Pay Transparency Act, 2018
The Pay Transparency Act, 2018 is enacted. The Act establishes requirements relating to the disclosure of information about the compensation of employees and prospective employees.
Section 4 prohibits employers from seeking compensation history information about an applicant for a position. Section 5 requires employers to include in any publicly advertised job posting information about the expected compensation or range of compensation for the position. Section 6 requires employers with 100 or more employees and prescribed employers to prepare pay transparency reports that include information about the employer, the employer’s workforce composition and differences in compensation in the employer’s workforce with respect to gender and other prescribed characteristics.
Section 7 is an anti-reprisal provision that prohibits employers, or persons acting on their behalf, from intimidating, dismissing or otherwise penalizing employees for, among other things, making inquiries about the employee’s compensation, disclosing their compensation or asking the employer to comply with the Act or the regulations. Complaints by employees that an employer has contravened the anti-reprisal provision may be dealt with by arbitration or by filing a complaint with the Ontario Labour Relations Board.
Sections 8 to 11 address the powers and duties of compliance officers who may be appointed to enforce the Act. Compliance officers may conduct compliance audits, and if an officer believes that a person has contravened a provision of this Act or the regulations, the officer may issue a notice of contravention to the person under section 12. Sections 13 to 15 specify the procedures that apply for disputing a notice of contravention before the Ontario Labour Relations Board and enforcing the notice in a court.
Miscellaneous provisions are included addressing limitation periods and other matters, and related regulation-making powers are added.