Summary#
The Pay Equity and Pay Transparency Act aims to promote fair pay in Nova Scotia. It requires public sector employers to ensure equal pay for work of equal or comparable value, regardless of gender. It also makes pay in job ads more open and protects workers who talk about pay.
- Public sector employers must set up and maintain pay equity and report on it to the government.
- Employers must list the expected pay or a pay range in public job postings.
- Employers cannot ask job applicants about their past pay.
- Workers and applicants are protected from punishment for asking about pay or sharing their own pay.
- Some employers (to be set by regulation) must collect data and file pay transparency reports.
- Willful violations can lead to fines up to $1,000 for individuals and up to $25,000 for companies or public sector employers.
- Pay differences based on a fair seniority or merit system are still allowed if not based on gender.
What it means for you#
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Job seekers
- You will see salary or a salary range in job ads.
- Employers cannot ask you about your past pay. You can share it if you choose.
- You can ask about pay policies without fear of losing the job offer.
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Employees
- You can ask about your pay and share your pay with co-workers or applicants. Your employer cannot punish you for this.
- Pay differences are still allowed for seniority or merit if those systems are fair and not biased by gender.
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Public sector employees
- Your employer must review and fix gender-based pay gaps based on the value of the job (skill, effort, responsibility, and working conditions).
- Your employer must keep pay equity up to date over time.
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Public sector employers
- You must establish and maintain pay equity and submit pay equity reports as the government requires.
- You need to show that any pay differences are due to fair seniority or merit systems, not gender.
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Private employers
- You must include pay or a pay range in public job postings.
- You cannot ask for an applicant’s pay history. You may still research market pay ranges from other sources or use pay history that is already public.
- You cannot penalize workers or applicants for discussing pay or asking about pay policies.
- Some private employers may be required to collect data and submit pay transparency reports, depending on future regulations.
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Hiring managers and HR
- Update job posting templates to include salary.
- Train staff not to ask about pay history.
- Review policies to ensure no retaliation against pay discussions.
- Prepare to collect and report pay data if your organization is covered by future regulations.
Expenses#
No publicly available information.
Proponents' View#
- Makes pay fairer by requiring equal pay for work of equal or comparable value in the public sector.
- Posting salary ranges helps level the playing field for applicants and reduces guesswork.
- Banning pay history questions helps stop past underpayment from following a person to a new job.
- Protects workers who talk about pay, which can expose and reduce unfair gaps.
- Government reporting creates transparency and accountability.
- Lets employers keep legitimate differences for seniority and merit, as long as they are gender-neutral.
Opponents' View#
- Reporting and compliance may add costs and paperwork, especially for smaller employers if they are later included.
- Requiring salary ranges could reduce flexibility in negotiations or cause pay “bunching.”
- Not asking about pay history may make it harder to gauge candidate expectations and match offers.
- Many details are left to future regulations (who must report, what data, and when), creating uncertainty.
- Allowing open pay discussions could cause workplace tension or disputes.
- Deciding what counts as “comparable value” may be subjective and lead to disagreements.