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BC Pay Transparency Act: What Employers Must Do Now
Fair pay has become a central issue for employers and employees across British Columbia. The gender pay gap remains a concern, with women and gender-diverse individuals often earning less than their counterparts. To address this, the province introduced the Pay Transparency Act, which sets out strict pay transparency requirements in B.C.
If you are an employer in B.C., you may be asking yourself:
- What must I include in my job postings?
- Do I have to post salary ranges in B.C.?
- Can I still ask applicants about their pay history?
- What happens if I don’t comply with the Pay Transparency Act?
This article explains what the BC Pay Transparency Act requires in 2025, who is covered, and how employers can write compliant job postings.
What Is the BC Pay Transparency Act?
The Pay Transparency Act (S.B.C. 2023, c.17) came into force on May 11, 2023, to reduce barriers and promote fairness in the workplace by closing the gender pay gap.
As of November 1, 2023, all provincially regulated employers in B.C., including full-time, part-time, temporary, and seasonal employers, must comply with the Act. This includes new requirements for job postings, restrictions on pay history questions, and annual reporting obligations for larger employers.
The law is administered by the Ministry of Finance, which also issues an annual public report on pay trends and employer compliance.
What Employers Must Include in Job Postings
One of the most visible changes under the BC Pay Transparency Act is the requirement for public job postings to include pay information.
Employers must state either:
- The expected salary, or
- A realistic pay range that genuinely reflects what the employer intends to pay for the role.
Example:
“Salary: $20–$25 per hour, depending on experience.”
💡 Important
- This requirement applies only to publicly advertised job postings. Internal postings or roles filled without public advertisement are not required to include salary or pay range information.
- Employers must not use indefinite ranges such as “$20 and up” or “up to $30/hour.” The pay range must reflect the good faith pay expectations for the position.
Failing to include this information may result in non-compliance with the law.
Restrictions on Asking About Pay History
To help break the cycle of wage discrimination, the Pay Transparency Act prohibits employers from asking job applicants about their past or current compensation.
Employers cannot ask questions such as:
- “What did you earn in your last job?”
- “What’s your current salary?”
However, employers may use pay information already on file for existing employees who apply for another position within the same organization.
You can still ask: Employers are permitted to ask about an applicant’s salary expectations for the role, as long as they do not inquire about past pay.
Protections Against Employer Reprisal
The Act also includes anti-reprisal protections to ensure employees can discuss pay freely. Employers cannot dismiss, demote, discipline, or harass an employee for:
- Asking about their own pay
- Sharing their pay with another employee or job applicant
- Asking about or referencing the company’s pay transparency report
Employees also have the right to refuse to disclose their gender for reporting purposes, and employers cannot retaliate against them for exercising this right.
These protections ensure that conversations about pay remain open and free from retaliation.
Pay Transparency Reports in BC
Certain employers must also prepare and publish annual pay transparency reports.
Reports must:
- Be published by November 1 each year
- Be made publicly available (e.g., posted on the employer’s website, if one exists)
Disclose information about gender-based pay differences, using data collected in accordance with privacy laws and based on employees’ self-identified gender information
The reporting requirement is being phased in as follows:
| Reporting Year | Employers Required to Report |
|---|---|
| 2024 | 1,000 or more employees |
| 2025 | 300 or more employees |
| 2026 | 50 or more employees |
Employers must use the government-issued template and methodology when preparing their reports. The Ministry of Finance also publishes an annual provincial report summarizing pay gap trends and highlighting any non-compliance.
While the Act does not yet impose monetary penalties, the government may publicly identify employers who fail to meet their obligations, creating significant reputational and compliance risks.
Who Does the BC Pay Transparency Act Apply To?
The Act applies to all provincially regulated employers in British Columbia, including most private-sector businesses, non-profits, and public sector organizations.
It does not apply to federally regulated industries such as banking, telecommunications, or aviation, which may have their own federal pay transparency requirements.
The BC Pay Transparency Act also works alongside the BC Human Rights Code, which prohibits pay discrimination based on sex, gender identity or expression, race, and other protected grounds.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“As BC’s “Pay Transparency Act” reshapes workplace obligations, employers need to act with foresight, not haste. Seeking legal guidance early ensures your pay practices meet new standards while protecting your organization’s integrity and reputation.”
What Happens if Employers Don’t Comply?
Non-compliance with the Pay Transparency Act can lead to:
- Complaints from employees or job applicants
- Reputational harm from public disclosure of non-compliance
- Government investigation or enforcement measures
While there are currently no monetary penalties, public accountability is a central enforcement mechanism. Employers who ignore their obligations risk being named in the Ministry’s annual report.
Future amendments may strengthen enforcement measures, so employers should monitor government updates and review policies regularly.
How Employers Can Stay Compliant in 2025
Here are some practical steps employers can take to comply with the BC Pay Transparency Act in 2025:
- Update job posting templates to include pay ranges or salary figures.
- Train recruiters and HR staff not to ask about applicant pay history.
- Develop internal policies for handling employee questions about pay.
- Prepare annual pay transparency reports if your organization has 300 or more employees.
- Consult legal or HR professionals to review your postings, policies, and reporting systems for compliance.
Why This Matters
The BC Pay Transparency Act is more than just a compliance requirement; it’s part of a broader effort to promote equity and fairness in the workplace.
Employers who act early demonstrate leadership in closing the gender pay gap, strengthening workplace trust, and aligning with BC’s evolving employment standards.
Need Employment Law Guidance?
If you are an employer in British Columbia, understanding the Pay Transparency Act can feel overwhelming. An employment lawyer can help you:
- Review and update job postings for compliance
- Train HR teams on lawful hiring practices
- Prepare annual pay transparency reports
- Reduce legal risks while promoting fairness
Need Employment Law Guidance?
If you are an employer in British Columbia, understanding the Pay Transparency Act can feel overwhelming.
An employment lawyer can help you:
- Review and update job postings for compliance
- Train HR teams on lawful hiring practices
- Prepare annual pay transparency reports
- Reduce legal risks while promoting fairness
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©