We are looking for feedback on Bill 203: The Pay Transparency Act, 2018

· by Huzaifa Saeed

The OCC and Hamilton Chamber of Commerce is seeking feedback on the Provincial Bill 203, the Pay Transparency Act, 2018. The Bill is part of Government’s efforts to address the pay gap for women and other underrepresented groups of workers. We’re seeking input from employers on the bill, so the OCC can accurately represent your views.

This bill proposes five major changes to the way employers ask for and/or provide information about compensation:

1. Employers may not ask a prospective employee about their compensation history.

  • Disclosure of compensation history is to be unprompted/at the discretion of the prospective employee.
  • Employers can still research information about salary ranges or aggregated compensation information about particular positions.

2. Employers must include compensation information in publicly advertised job postings.

  • This information could be an exact, expected salary or a range.

3. Employers are expected to submit pay transparency reports to the Ministry of Labour.

  • Reports will also be posted online and/or in the workplace.
  • It is unclear how these will differ from the pay equity plans expected under the Pay Equity Act, 1990.

4. Employers are prevented from reprisal if employees discuss or disclose salaries in the workplace.

  • Also applies to employees inquiring about their own compensation or the employer’s pay transparency reports.

5. The previous four sections will be enforced via compliance officers and complaints to the Ontario Labour Relations Board, and penalties may include fines.

As the regulations have not been developed, we lack a lot of detail about these proposed changes including how this new act will differ from and/or interact with the Pay Equity Act.

Hearing your perspective on these changes is critical, as the government continues to make considerable reforms to the province’s labour and employment law. The OCC and Hamilton Chamber would like to be able to present an informed and comprehensive perspective to the government in consultation, in the media, and as we look forward to the next provincial election.

For more information and to share your feedback please contact:

Huzaifa Saeed | Policy & Research Analyst | Hamilton Chamber of Commerce | t: 905-522-1151 ext: 230 | e: h.saeed@hamiltonchamber.ca