Special thanks to our articling student Ravneet Minhas for contributing to this update.
In a previous post, we discussed the legislative trend for greater pay transparency across Canada, including in British Columbia with the recent adoption of the Pay Transparency Act.
The British Columbia government has since released guidance on the application of the Act. This clarifies the requirement to include salary or wage information in all publicly advertised job postings, effective November 1, 2023.
Link to Required Wage and Salary Information in Job Postings Required Wage and Salary Information in Job Postings
To comply with the Act, employers (and third parties posting on behalf of an employer) must include the expected wage or salary or expected wage or salary range in job postings. For example:
- $20 per hour; or
- $40,000 to $60,000 per year.
The wage or salary range cannot be unspecified or open-ended. For example, stating that a job pays “$20-$30 per hour” would comply with the Act, while “$20 per hour and up” would not.
The Province leaves it to the employer’s discretion to decide how extensive the advertised wage or salary range may be. Further, employers are not required to include bonus pay, overtime pay, tips, or benefits in their job postings. The above requirements do not prevent an applicant from requesting a higher wage or salary than the amount advertised. Similarly, employers are free to offer an applicant a higher wage or salary than the one included in the job posting.
Finally, the new guidance clarifies that the requirement not only applies to all employers in British Columbia, but also to employers outside of British Columbia who advertise jobs in other jurisdictions where the position is open to a British Columbia resident, regardless of whether the position is in person or remote.
Link to Key Takeaways and Meeting the Moment of the Global Transparency Trend Key Takeaways and Meeting the Moment of the Global Transparency Trend
Employers across Canada should take note of the new requirement to include salary and wage information in job postings starting on November 1, 2023. Of significance, employers must comply with this requirement for all publicly available job postings where the job is open to British Columbia residents and may be filled by someone living in the Province, either in-person or remotely.
Global trend and a single solution: There are new laws requiring salary disclosure across the globe. For a quick and easy way to stay on top of pay transparency obligations globally, we offer a fixed fee Global Pay Equity Compliance Compendium that monitors the legal pay equity requirements and forthcoming developments across 70+ jurisdictions (of which over 40 currently have transparency or reporting requirements). Please contact a member of our team for more information, and check out related blog posts here: