Ontario will require employers to list salary in job postings

The Ontario government is amending labor legislation that would require employers to include an expected salary range in job postings. The province believes that job seekers have a right to know this information so they can make an informed decision when looking for a job. Open pay information should also help reduce the gender gap: currently, for every dollar a man earns, a woman in Ontario receives CA$ 0.87.

"At a time when many companies are posting record profits, it is only fair they communicate transparently about how they pay workers," said provincial Labor Minister David Piccini.

Currently (based on statistics from last year), only about 37% of all online job postings in Ontario include salary information.

Similar amendments were already discussed in the province in 2018, but were never implemented — due to a change in the governing coalition. Last year, similar laws came into effect in British Columbia and Prince Edward Island.

Artificial intelligence

In addition, the new law will make Ontario the first province in Canada to require companies to disclose whether artificial intelligence is used in the hiring process.

Artificial intelligence tools and algorithms are being adopted by Ontario businesses at a rapid pace and are generating large amounts of personal data about job applicants and employees. Increasingly, they are able to make hiring decisions. In response to growing concerns about the ethical, legal and privacy implications of AI, Ontario is proposing to require employers to inform job applicants when it is used to make decisions in the hiring process.

NDA and other amendments

These changes are being made as part of a major overhaul of Ontario's labour laws. We've already written about protecting the rights of hotel and restaurant employees and about prohibiting the requirement of Canadian work experience. In addition to that, there are several other items in the bill:

1. The government is also going to restrict the use of non-disclosure agreements (NDAs) in settling cases of sexual harassment, misconduct or workplace violence.
2. Changes are being made to the vacation pay provision: written consent from the employee will be required if vacation pay is paid by any means other than a lump sum payment prior to the commencement of vacation.
3. A new job-protected leave of absence for critical illness (e.g., cancer) is created: it must match the 26-week federal sick leave employment insurance benefit.
4. Provides for "super indexation" of Workplace Safety and Insurance Board (WSIB) benefits above the annual rate of inflation.