BILL NO. 386
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
2 Charles III, 2023
Private Member's Bill
Pay Equity and Pay Transparency Act
The Honourable Kelly Regan
Bedford Basin
First Reading: October 27, 2023
Second Reading:
Third Reading:
An Act Respecting Pay Equity
and Pay Transparency
1 This Act may be cited as the Pay Equity and Pay Transparency Act.
(a) "applicant" means an individual who applies for an employment position with an employer, other than an individual who is an employee of the employer at the time of applying;
(b) "employee" means a person who performs duties and functions that entitle that person to compensation on a regular basis but does not include a consultant or an independent contractor;
(c) "employer" means the employer of an employee or the person, entity or organization in the position of the employer of an employee, and includes a person, entity or organization providing compensation to an employee;
(d) "Government Reporting Entity" has the same meaning as in the Finance Act;
(e) "pay equity" means a compensation practice that is based on the relative value of the work performed, irrespective of the gender of employees, and includes the requirement that the employer not establish or maintain a difference between the pay paid to employees based on gender who are performing work of equal or comparable value;
(f) "public sector employer" means an employer that is
- (i) His Majesty in right of the Province,
(ii) a member of the Government Reporting Entity, or
(iii) a person, an entity or an organization prescribed by the regulations as a public sector employer.
(2) In determining the value of work performed for the purpose of clause (1)(e), the criterion to be applied is the composite of the skill, effort and responsibility normally required in the performance of the work and the conditions under which the work is performed.
3 A public sector employer shall
(a) establish pay equity amongst its employees;
(b) take the action that is necessary to maintain, and where necessary implement, pay equity amongst its employees; and
(c) in the form and within the time periods prescribed by the regulations, prepare reports relating to pay equity and the actions taken under clauses (a) and (b) and submit the reports to the Governor in Council.
4 This Act does not apply so as to prevent differences in pay if the public sector employer is able to show that the difference is the result of
(a) a formal seniority system; or
that does not discriminate on the basis of gender.
5 An employer who publicly advertises a job posting shall include the expected pay or the range of expected pay for the position in the posting.
6 (1) An employer shall not seek pay history information about an applicant by any means, whether personally or through an agent.
(a) prohibit an applicant from voluntarily and without prompting disclosing pay history information to an employer or an employer's agent;
(b) prohibit an employer from seeking information, from sources other than an applicant, about the ranges of pay or aggregate pay provided for positions comparable to the position for which the applicant is applying; or
(c) apply to pay history information that is publicly available.7 An employer or a person acting on behalf of an employer shall not intimidate, dismiss or otherwise penalize an employee or applicant because the employee or applicant has
(a) made inquiries to the employer about the employee's or applicant's pay;
(b) made inquiries or requested information relating to the employer's pay policies; or
(c) disclosed the employee's or applicant's pay to another employee or applicant.
8 (1) An employer or class of employers prescribed by the regulations shall collect the information prescribed by the regulations for the purpose of preparing pay transparency reports.
(2) Pay transparency reports must
(a) be submitted to the Governor in Council in the form and within the time periods; and
prescribed by the regulations.
9 A person who wilfully contravenes this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 if the person is an individual and not more than $25,000 if the person is a corporation or public sector employer.
10 (1) The Governor in Council may make regulations
(a) prescribing a person, an entity or an organization as a public sector employer;
(b) respecting the preparation and submission of reports relating to pay equity;
(c) prescribing employers or classes of employers for the purpose of subsection 8(1);
(d) prescribing the information to be collected for the purpose of preparing pay transparency reports;
(e) respecting the preparation and submission of pay transparency reports;
(f) defining any word or expression used but not defined in this Act;
(g) respecting any matter the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2023 Crown in right of Nova Scotia. Created October 27, 2023. Send comments to legc.office@novascotia.ca.
