Pay Transparency

Employers cannot seek pay history information from applicants

A new section (5.8) has been added to the Employment Standards Act that provides that no employer may seek pay history information about an applicant.

Applicant may still voluntarily and without prompting disclose pay history information to an employer.

Employers may still ask applicants about pay expectations.

Employers who publish a publicly-advertised job posting must include information about the expected pay for the position or the range of expected pay for the position

A new section (5.9) provides that employers who publish a publicly-advertised job posting must include information about the expected pay for the position or the range of expected pay for the position.

Prohibition against employers taking reprisal action in relation to pay transparency

A new section (5.10) provides that no employer, or person acting on behalf of an employer, shall intimidate, dismiss or otherwise penalize an employee or threaten to do so because the employee has done any of the following:

• made inquiries to the employer about the employee’s pay, or made inquiries or requested information relating to the employer’s pay policies;
• disclosed the employee’s pay to another employee;
• given information about the employer’s compliance or non-compliance with the requirements of the Pay Transparency provisions to an Inspector; or
• asked the employer to comply with the Pay Transparency provisions.

Who can I contact for more information?

Sherwood Business Centre
161 St. Peters Road, 2nd Floor 
PO Box 2000
Charlottetown, PE
C1A 7N8
Telephone: (902) 368-5550
Toll Free: 1-800-333-4362
Fax: (902) 368-5476