On February 19, 2019, the Ministry of Labour published the Pay Transparency Consultation Paper (the “Consultation Paper”) requesting feedback to facilitate the Ministry’s development of proposed new regulatory requirements related to the Pay Transparency Act, 2018 (the “Act”). The coming into force date of the Act has been postponed indefinitely.

We have previously commented on the Act in our March 6, 2018 In a Flash publication, A Canadian First: New Pay Transparency Legislation.

Subject to our comments below, once the Act comes into force, it will:

• Require all publicly advertised job postings to include a salary rate or range;
• Bar employers from asking a job candidate about their past compensation;
• Prohibit reprisals against employees who discuss or disclose compensation; and
• Establish a framework to require larger employers to track and report compensation gaps based on gender and other diversity characteristics, to be determined through consultation. Once fully implemented, this measure would require employers to publicly post that data within their own workplaces, in addition to reporting such data to the province.

The Consultation Paper is intended to solicit the public’s views on the development of Regulations for the Act.  The Regulations 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 solicits the public’s views on wage gap calculations, reporting periods and potential administrative costs related to compliance.

If you would like to provide feedback, submit your responses via email to pta@ontario.ca. Quote proposal number 19-MOL005.

Please note that submissions are due by April 5, 2019.

Stay tuned for a more detailed review of some of the key recommended changes.  In the interim, if you have any questions about the potential implications of these proposed changes within your organization, or would like our assistance with participating in the consultation process, please do not hesitate to contact a Mathews Dinsdale lawyer.

If you have any questions about this topic or any other questions relating to workplace law, please do not hesitate to contact a Mathews Dinsdale lawyer .