Special thanks to our articling student Brianna Grieff for contributing to this update.
As pay transparency obligations continue to expand globally, employers with operations in Canada should be paying close attention to a rapidly evolving provincial landscape. Much like developments across the European Union, the United Kingdom, and numerous US states, Canadian jurisdictions are increasingly adopting measures designed to promote pay equity and greater transparency in compensation practices. These measures include salary disclosure requirements in job postings, restrictions on salary history inquiries, employee protections related to pay discussions, and, in some jurisdictions, pay transparency reporting obligations.
For US-based multinational employers, Canada presents both familiar challenges and unique compliance considerations. While Canada does not yet have a single nationwide pay transparency framework, a growing number of provinces have enacted or proposed legislation that requires employers to revisit recruiting practices, compensation governance, pay equity analyses, and data collection processes. As a result, organizations operating across multiple Canadian jurisdictions may find themselves managing another layer of regulatory complexity alongside existing US, EU, and UK transparency requirements.
The trend is gaining momentum. Recent developments in New Brunswick, together with existing requirements in British Columbia, Prince Edward Island, Ontario, and other provinces, reflect a growing expectation that employers provide greater visibility into compensation practices and be prepared to explain and defend pay differentials.
Below, we summarize the current pay transparency landscape across Canada and the key considerations for employers with Canadian workforces.
New Brunswick: The Latest Province to Act
New Brunswick recently joined the growing list of provinces imposing pay transparency requirements.
As of June 12, 2026, employers must include the expected salary, hourly wage, or compensation range in both publicly advertised and internal job postings through the Pay Transparency Act. The legislation also prohibits employers from requesting, directly or indirectly, an applicant’s compensation history, subject to limited exceptions, or relying on voluntarily disclosed compensation history when making hiring or compensation decisions.
The legislation goes further by introducing reporting requirements that will come into force on a future date to be proclaimed, which is expected to occur before March 2028. Employers with 50 or more employees will be required to prepare annual pay transparency reports, make those reports publicly available, and file them with the provincial government. The law also protects employees who discuss compensation and limits the use of confidentiality provisions that restrict such discussions.
Ontario: New Requirements Effective January 1, 2026
As of January 1, 2026, Ontario employers with 25 or more employees must comply with new pay transparency and job posting requirements introduced through the Working for Workers Four Act, 2024 amendments to the Employment Standards Act, 2000 (ESA) and Ontario Regulation 476/24.
Below is a summary of the key compensation-related requirements:
- Public job postings must include either:
- the expected compensation; or
- a compensation range.
- If a range is provided, the spread between the minimum and maximum generally cannot exceed CAD 50,000. (This cap does not apply to job postings that have an expected compensation of more than $200,000 or where the range of expected compensation ends at an amount of more than $200,000.)
“Compensation” may include base salary or hourly wages, commissions, guaranteed bonuses, and other non-discretionary pay.
The Act also contains recordkeeping requirements: employers must retain copies of publicly advertised job postings and associated application forms for three years after public access to the posting is removed.
The requirements are enforced through Ontario’s ESA enforcement regime, which may include inspections, compliance orders, notices of contravention, and prosecutions.
British Columbia: A Mature and Expanding Framework
British Columbia is one of Canada’s most established pay transparency jurisdictions. Since November 2023, employers have been required to include wage or salary information in publicly advertised job postings through the Pay Transparency Act. The Act also restricts inquiries into an applicant’s pay history and protects employees who seek information about or discuss compensation.
British Columbia has also implemented phased pay transparency reporting requirements. Employers with 50 or more British Columbia-based employees must prepare annual pay transparency reports by November 1 each year and publish them as soon as possible after they are prepared.
Prince Edward Island: Ahead of the Curve
Since 2022, employers in Prince Edward Island must include the expected pay or a pay range in any publicly advertised job posting, regardless of company size.
Employers are also prohibited from asking about an applicant’s salary history and from preventing employees from discussing their wages with other employees.
Partial Enactment in Nova Scotia and Newfoundland and Labrador
In Nova Scotia, pay transparency rules under the Labour Standards Code ban employers from asking job applicants about their salary history and protect workers who discuss their pay. However, Nova Scotia does not yet legally require companies to list wage ranges on public job postings.
Similarly, in 2022, Newfoundland and Labrador passed the Pay Equity and Pay Transparency Act.While the Act has been enacted, its pay transparency provisions have not yet come into force. The pay transparency provisions will require employers to include information regarding pay in publicly advertised job postings, prohibit employers from asking job applicants about their salary history, prevent employers from penalizing employees or applicants for inquiring about pay or pay policies, and require employers to prepare a pay transparency report.
Key Takeaways for Employers
As the legislation highlighted above shows, pay transparency obligations are continuing to expand across Canada. Accordingly, employers should consider taking proactive steps:
- Review recruitment practices to ensure job posting templates can accommodate salary disclosure requirements across jurisdictions.
- Assess compensation-setting processes to reduce reliance on prior pay information, particularly where restrictions already apply.
- Evaluate compensation data proactively to identify and address potential pay disparities before reporting obligations expand.
- Prepare for pay reporting requirements by ensuring compensation structures, job classifications, and related data are well documented.
- Monitor provincial developments closely, as additional Canadian jurisdictions may follow the lead of New Brunswick, British Columbia, Prince Edward Island, Newfoundland, Nova Scotia, and Ontario.
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