Legal News

BC’s Pay Transparency Act – Guidance on Job Posting Requirements

As discussed in our prior article, the Pay Transparency Act (“PTA”) came into effect in British Columbia earlier this year. Effective November 1, 2023, the PTA requires that salary or wage information be included on all publicly advertised job postings.

The Government of British Columbia has recently released additional guidance about the required salary or wage information for job postings. Below we summarize the highlights.

 Guidance on Wage/Salary Requirements for Job Postings

  •  The expected salary/wage or a salary/wage range must be included in public job postings but bonuses, overtime pay, tips and benefits do not need to be included.
  • The wage or salary information should reflect the employer’s reasonable expectation of pay for the job at the time of the posting.
  • Ranges must be specific. Employers cannot state an unspecified maximum or minimum amount. For example, “$20 per hour and up” or “up to $30 per hour” is not acceptable, but a range of “$20-$30 per hour” would be acceptable.
  • There is no prescribed size requirement for the posted ranges. This is up the employer; however, the Province may provide guidance on this in the future.
  • The posted ranges do not prevent applicants from requesting a higher range, or limit an employer’s ability to agree to pay more than the salary or wage included in the post.
  • The requirement to include salary/wage information applies to job postings posted publicly by the employer and to postings posted by a third party to job search websites, job boards and other recruitment platforms. It also applies to jobs posted in other jurisdictions if the position is open to BC residents and may be filled by someone living in BC (in person or remotely).
  • General “help wanted” posters and recruitment campaign that do not advertise a specific opportunity do not have to comply with this requirement.

As this change comes into effect November 1, 2023, now is a good time for BC employers to review their job postings to ensure compliance with this new requirement.

If you have questions regarding this article or the Pay Transparency Act, please contact your Harris lawyer.