Federal Requirements

Pay Equity Act (Federal)

The federal Pay Equity Act came into force on August 31, 2021. It requires federally regulated employers with 10 or more employees (or any size if unionized) to develop a formal Pay Equity Plan. These plans must evaluate jobs held by women and men for equal value and ensure any pay gaps are corrected. Employers had three years from enactment to comply – meaning the first plans needed to be posted by September 3, 2024.

Key steps include identifying job classes, determining which are male- or female-dominated, valuing the work, and calculating compensation differences. Once the plan is finalized and posted (e.g. on the company's website), employers must adjust wages to eliminate unjustified gaps, with increases generally due immediately (though phasing in is allowed if the total adjustment exceeds 1% of payroll). Employers must update the plan every five years and, after 2027, file annual statements on pay equity progress. This federal initiative is about internal pay transparency and equity – giving employees access to information on pay practices and ensuring equal pay for work of equal value.

Pay Gap Reporting (Employment Equity Act)

Separately, the federal government amended the Employment Equity Regulations (effective June 1, 2022) to introduce public pay gap reporting for large employers. Federally regulated private-sector employers with 100 or more employees (those already under the Employment Equity Act) must now disclose wage gap data annually for four designated groups: women, Indigenous peoples, persons with disabilities, and visible minorities. This data is collected through existing employment equity reports and is made public – Canada became the first country to publicly release such wage gap information for these groups.

The government provides an online tool ("Equi'Vision") where anyone can view an employer's reported pay gaps (mean and median wage gaps, bonus gaps, etc.) by group. The goal is to raise awareness of wage disparities and encourage employers to address inequities. Note: As of now, there is no federal law requiring salary ranges in all job postings. Pay transparency at the federal level is achieved mainly via these pay equity and pay gap reporting measures.

Provincial Pay Transparency Laws

Canadian provinces have been enacting their own pay transparency laws, especially in the last few years. These laws vary but generally aim to stop discriminatory pay practices by requiring salary disclosure in job postings, banning salary history questions, protecting employees who discuss pay, and in some cases mandating pay gap reports.

Below we outline key provincial laws and proposals:

British Columbia (B.C.)

• Salary Ranges in Job Postings: As of November 1, 2023, employers must include a wage or salary range on all publicly advertised jobs. This applies to any job posting accessible to the public. The intent is to ensure applicants know the compensation being offered, supporting equal pay for equal work. (news.gov.bc.ca)
• No Salary History Questions: Effective May 11, 2023, B.C. employers cannot ask job candidates for their pay history (past compensation), unless that information is publicly available. Candidates can volunteer it, but it can't be solicited. (news.gov.bc.ca)
• Anti-Reprisal Protections: Employers are prohibited from retaliating against employees who discuss or disclose their pay, or who ask about their employer's pay policies or their own pay level. (news.gov.bc.ca)
• Disclosure Upon Request: Starting November 1, 2023, B.C. employers must also provide current employees or job applicants, on request, with information about their pay (and, presumably, how it compares by category).
• Annual Pay Gap Reporting: B.C. is phasing in a requirement for larger employers to publish annual pay transparency reports showing their gender pay gap. The reporting obligation is rolling out over several years:
  • By November 1, 2023, the first reports were required from the B.C. Public Service and largest Crown corporations.
  • By November 1, 2024, all employers in B.C. with 1,000+ employees must report.
  • In 2025, it extends to those with 300+ employees.
  • By November 1, 2026, it covers all employers with 50 or more employees.
  These reports must be posted publicly (e.g., on the company website or a designated government portal) and include information such as the employer's name, workforce composition, and calculated pay gaps between genders. B.C. has provided a regulated format for these reports and even an online reporting tool to guide employers. The focus is initially on gender-based pay gaps, but B.C. may later require data on other demographics.

Official references: The B.C. government has published guidance on these requirements and launched a Pay Transparency Reporting Tool.

According to a B.C. government news release, these measures make B.C. the first jurisdiction in Canada to mandate pay transparency beyond the gender binary (acknowledging non-binary and Two-Spirit individuals in pay gap analysis). By increasing wage disclosure, B.C. aims to narrow its ~17% gender pay gap. (news.gov.bc.ca)

Ontario

• 2018 Pay Transparency Act (Not in Force): Ontario passed a Pay Transparency Act in 2018 with provisions similar to B.C. and PEI (requiring salary info in job ads, banning history questions, annual transparency reports for large employers, etc.). However, that Act was never brought into force – it was put on hold indefinitely after a change in government. (mcinnescooper.com)
• New Law Effective 2026: In March 2024, Ontario enacted new pay transparency provisions through Bill 149, the Working for Workers Act, 2023. These amend the Employment Standards Act (ESA) and will take effect on January 1, 2026. The rules will apply to employers with 25 or more employees (smaller businesses are exempt). (stikeman.com)
  • Salary Range in Job Postings: Employers must include the expected compensation or a pay range in any externally advertised job posting. The range must be realistic and, if provided, cannot exceed a $50,000 width. High-salary roles (expected pay over $200,000) are exempt. (dlapiper.com)
  • No "Canadian Experience" Requirement: Job postings in Ontario cannot demand "Canadian experience" as a blanket requirement, removing a barrier for immigrants.
  • AI in Hiring – Disclosure: If an employer uses AI tools to screen or evaluate candidates, the posting must include a notice of that fact. (stikeman.com)
  • Identify Vacant Position: Postings must state whether the job opening is for an existing vacancy or a new role. (stikeman.com)
  • Post-Interview Outcome Transparency: Employers must inform job applicants of the hiring outcome within 45 days after the final interview. This notice can be given in writing, via email, or in person. (stikeman.com / dlapiper.com)
  • Record-Keeping: Employers must keep records of each publicly advertised job posting (and related application forms) for 3 years after the posting ends. If they informed candidates of hiring decisions, that record must also be kept for 3 years. (stikeman.com / dlapiper.com)
  • New Hire Wage Information: Effective July 1, 2025, employers must provide new hires a written statement of their starting wage rate or salary, pay period, and other basic job information before their first day. (stikeman.com)
• No Current Ban on Salary History Questions: Ontario's new legislation did not explicitly include a ban on asking about a candidate's past compensation. (mcinnescooper.com)
• No Reporting Requirement (Yet): Ontario is not yet mandating pay gap reports from private employers. While there is a longstanding Pay Equity Act for internal pay equity, public reporting is not currently mandated.

Official status: Ontario confirmed these new pay transparency requirements and their effective date in late 2024 (dlapiper.com).

With the law passed in March 2024, employers have until 2025 to prepare for compliance. Come January 1, 2026, Ontario will join the ranks of jurisdictions requiring salary information in postings, applying to employers province-wide with 25+ staff. (dlapiper.com)

Prince Edward Island (P.E.I.)

• Salary in Job Ads: Employers must include the expected pay or a pay range in any publicly advertised job posting, regardless of company size.
• Ban on Salary History Inquiries: Employers cannot ask applicants about their past salary or compensation during the hiring process.
• No Retaliation for Discussing Pay: Employers are prohibited from stopping employees from discussing their wages, and cannot retaliate against those who do so.

These requirements focus on transparency in hiring and openness about pay among staff.

Official references: The P.E.I. law was enacted via Bill 119 (2022) updating its Employment Standards Act.

Nova Scotia

• Salary History Ban: Under Nova Scotia's Labour Standards Code (Section 57), employers are banned from asking job applicants about their wage history. This has been in force since 2019. (mcinnescooper.com)
• Protecting Pay Discussions: Employers cannot penalize employees for discussing or disclosing their wages with co-workers. (mcinnescooper.com)
• No Requirement for Job Posting Salary (Yet): Job ads in Nova Scotia can be posted without a pay range at the employer's discretion. Future changes may be coming.
• Proposed Legislation: In late 2023, a Pay Equity and Pay Transparency Act (Bill 386) was introduced, which would expand pay transparency obligations. As of early 2025, the bill had only completed first reading.

In summary, Nova Scotia's current law stops inquiries into pay history and protects open dialogue about pay, creating a foundation for transparency.

Future laws may add salary disclosure in job ads and reporting duties, but those are still pending. Employers operating in Nova Scotia should comply with the existing provisions and stay alert for new requirements if/when the Pay Transparency Act advances.

Newfoundland and Labrador

• Comprehensive Act: Passed in October 2022, this Act covers both the public and private sectors and is similar in scope to B.C.'s legislation.
• Key Features:
  • Banning employers from asking about past compensation (salary history).
  • Requiring any publicly advertised job posting to include the pay or expected pay range.
  • Prohibiting reprisals against employees who discuss or disclose wages.
  • Establishing pay transparency reporting obligations for certain employers.
• Status: The regulations to implement this Act are still being developed, and no firm enforcement date has been announced.

Employers in Newfoundland and Labrador should monitor government announcements for effective dates and further details.

Other Provinces (Quebec, Manitoba, New Brunswick, etc.)

• Quebec: Quebec does not currently mandate salary disclosure in job postings or have a specific pay transparency act for the private sector. Instead, it focuses on internal pay equity through its longstanding Pay Equity Act, requiring employers with 10 or more employees to evaluate and correct gender-based wage disparities.
• Alberta, Saskatchewan, Manitoba:
  • Alberta and Saskatchewan rely on the principle of "equal pay for equal work" but do not have a mandatory pay transparency mandate for private employers.
  • Manitoba has a Pay Equity Act, but it applies only to public sector employers.
• New Brunswick: New Brunswick is considering legislation, but nothing formal has been enacted yet.
• Other Regions: Territories such as Yukon, Northwest Territories, and Nunavut do not have specific pay transparency laws, though federally regulated employers must comply with federal measures.

In summary, outside of provinces with dedicated transparency laws (BC, Ontario's upcoming law, PEI, and Newfoundland & Labrador), most Canadian provinces do not force private employers to disclose salaries in postings or file pay gap reports, though many have pay equity laws that indirectly promote transparency.

Major Municipal Initiatives

• City of Vancouver: Vancouver, under B.C.'s legislation, has embraced pay transparency internally. The City has produced its own Pay Transparency Report to assess and publicly share wage data and pay equity status within the municipal workforce. Salary ranges for city job classifications are available online. Additionally, large employers in Vancouver will be required to publish annual gender pay gap reports by 2026 under provincial law.
• City of Toronto: In Ontario, many public-sector organizations include salary ranges in job postings. Ontario's Public Sector Salary Disclosure Act (often called the "Sunshine List") ensures that employees earning over $100,000 are publicly listed. Toronto also adheres to Ontario's Pay Equity Act for internal pay equity.
• Other Cities: Many municipalities across Canada, such as Montreal, Ottawa, Calgary, and Edmonton, follow provincial frameworks by publishing salary bands for city jobs or by evaluating internal pay equity. These practices demonstrate a commitment to transparency even if not mandated by local bylaws.

Updated: March 20, 2025.
This information does not consistute as legal advice.