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Ontario's Pay Transparency Act, 2018 — Passed but Suspended Before It Took Effect (Cautionary Case)

Canada · Toronto · See the Canada profile · See the Toronto profile

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Ontario passed a pay transparency law in May 2018 due to start in January 2019, but a new government suspended it by Bill 57 and it has never been proclaimed — a lesson in legislative durability.

Details

Promoter
Government of Ontario
Period
2018 (suspended)
Keywords
pay transparency, legislation, political risk, cautionary case

Description

In May 2018 Ontario's then Liberal government passed the Pay Transparency Act, 2018, due to take effect on 1 January 2019. It would have required salary ranges in publicly advertised job postings, banned employers from asking applicants about past pay, protected employees who discuss pay from reprisal, and required employers with 100 or more employees to collect data and those with 250 or more to file their first pay transparency report by 15 May 2020.
A change of government intervened. Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018, which received Royal Assent at the end of 2018, amended the Act so that it comes into force only on a date proclaimed by the Lieutenant Governor. It has never been proclaimed, so none of its duties applied.
Why it is included: the case documents how a well-designed transparency regime can be undone before producing any evidence, and why durable entry-into-force rules and cross-party buy-in matter. No impact data exist, and none are claimed.

Read the full analysis: https://williamshrlaw.com/2018/12/06/pay-transparency-pta-delayed-indefinitely/

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