At a glance
- New Brunswick has enacted legislation introducing new pay transparency obligations and a protected leave entitlement for employees affected by serious illness or injury.
- Since 12 June 2026, employers must provide remuneration information in job advertisements and are restricted from requesting or using applicants' pay history during recruitment processes.
- Further provisions, expected to take effect before March 2028, will require qualifying employers to publish and file pay transparency reports and will strengthen protections for employees discussing pay.
- Employees with more than 90 days' service can now access up to 27 weeks of unpaid, job-protected leave within a 52-week period where they are unable to work due to a serious illness or injury.
- Employers should review recruitment procedures, compensation-related policies and leave management practices to prepare for the new compliance requirements.
New Brunswick has introduced two legislative changes that expand employee protections and create new compliance obligations for employers. The changes establish pay transparency requirements in recruitment and compensation practices, and also introduce a statutory leave entitlement for employees who are unable to work due to a serious illness or injury.
New pay transparency obligations
The Pay Transparency Act introduces a framework aimed at increasing openness around pay and reducing the influence of previous earnings on recruitment and remuneration decisions.
Since 12 June 2026, employers operating in New Brunswick have been required to disclose the expected salary or hourly rate, or an applicable pay range, in both external and internal vacancy advertisements. Employers are also restricted from requesting information about an applicant's previous compensation, unless that information is publicly available. Further, compensation history that is volunteered by a candidate cannot be used when determining hiring outcomes or setting pay.
Additional provisions of the legislation will come into force on a future date, which is anticipated to be before March 2028. These measures will introduce annual pay transparency reporting obligations for employers with 50 or more employees. Reports must be made publicly available and submitted to the provincial government, with implementation timelines varying according to employer size. Private-sector employers with at least 100 employees will be required to submit their first report by 31 March 2029, while those employing 50 or more employees will be required to do so by 31 March 2030.
The forthcoming provisions will also strengthen employee protections in relation to compensation discussions. Employers will be prohibited from taking adverse action against workers who exercise rights under the legislation or discuss pay, and confidentiality agreements will not be permitted to restrict such discussions. Enforcement mechanisms will be supported by inspectors who will have authority to impose administrative penalties under future regulations.
New protected leave for serious illness or injury
Amendments to the Employment Standards Act have created a new job-protected leave entitlement for employees who cannot perform their duties because of a serious illness or injury.
As of 12 June 2026, employees with more than 90 days of continuous employment are entitled to take up to 27 weeks of unpaid leave within a 52-week period. The leave must be taken in periods of at least one week. Employees are expected to notify their employer of the anticipated start and end of the leave, and employers may request medical documentation from a medical practitioner to support the absence.
Employees who return from this leave are entitled to reinstatement protections consistent with those available for other statutory leaves under the Employment Standards Act.
Employer considerations
Employers with operations in New Brunswick should assess whether their recruitment processes, compensation practices and workplace policies align with the new legislative requirements. Particular attention should be given to job advertisement templates, practices relating to applicants' compensation history, confidentiality provisions concerning pay, and procedures for managing employee leave. Employers may also wish to prepare for the forthcoming pay transparency reporting regime and ensure that relevant HR and management personnel are aware of the new employee rights introduced by the legislation.
As further provisions of the Pay Transparency Act take effect and supporting regulations are published, additional guidance on employer obligations is expected.
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