November 29, 2023

Understanding British Columbia Pay Transparency Act: A Guide to Salary Disclosure in Job Postings

Effective November 1, 2023, employers in British Columbia must adhere to Section 2 of the Pay Transparency Act, necessitating the inclusion of salary or wage information in all publicly advertised job postings. This requirement extends to all employers within the province, aiming to enhance transparency in hiring practices.

Key Details on Salary Disclosure:

- Mandatory Inclusions: Job postings must display the expected wage or salary or provide an expected range. Employers have the choice to include additional compensation details like bonuses, overtime pay, commissions, or benefits, though this is not obligatory.

- Clarity in Range Display: When presenting a wage or salary range, specifying an unspecified minimum or maximum amount, such as "up to $30 per hour," does not meet the requirement. Instead, the format should be explicit, like "$20-$30 per hour."

- Flexibility in Range Size: Presently, there are no specified limitations on the size of the wage or salary range an employer can advertise. The decision rests with the employer, though future guidance or regulations might be introduced by the Province if necessary.

Important Considerations:

- Reasonable Expectations: The provided wage or salary information should reflect the employer's reasonable expectation at the time of posting. However, this does not restrict negotiation for higher compensation between the applicant and employer.

- Third-Party Postings: The obligation extends to jobs posted by third parties on various recruitment platforms if these positions are open to B.C. residents, either for in-person or remote work.

- Scope Beyond B.C.: Even jobs advertised outside B.C. but accessible to B.C. residents or potentially filled by individuals residing in B.C., remotely or in person, fall under this requirement.

Exclusions from Requirement:

- Non-Specific Postings: General "help wanted" notices lacking specific job details and broader recruitment campaigns not mentioning specific job opportunities are exempt from this requirement.

Understanding the Limits:

- Non-Publicly Advertised Jobs: If a job isn’t publicly posted, the requirement to disclose wage or salary information doesn’t apply.

Navigating the new Pay Transparency Act ensures compliance with regulations while fostering greater transparency in the job market, empowering both employers and prospective employees to engage in fair and informed hiring practices.