plainkit

Can you ask an applicant their salary history in Canada?

Not in BC or PEI. Ontario doesn't ban it — its 2026 rules are about what the posting must say, not what you may ask. The EU bans it everywhere once national law is in force. Asking what someone expects is fine in all of them.

JurisdictionAsking pay historySinceSource
British ColumbiaBanned — directly or through a third party, unless publicly availableNov 1, 2023Pay Transparency Act s. 3
Prince Edward IslandBanned — directly or indirectly; may ask about ranges for comparable rolesJun 1, 2022Employment Standards Act
OntarioNot banned by the ESA posting rulesESA Part III.1 is silent on it
EU member statesBanned — current or previous employmentNational laws 2025–27 (Italy, Poland in force)Directive 2023/970 Art. 5
Other provinces / federalNo ban in force that we could confirm

What "through a third party" catches

In BC the ban covers seeking pay history by any means — so a recruiter asking on your behalf, or a reference-check script that asks the former employer what the person earned, is your problem. Update the script.

What you can ask instead

What are your compensation expectations for this role? Allowed everywhere. It gets you the information that actually matters — whether your range works for them — without anchoring on what a previous employer paid, which is the thing the bans exist to stop.

Fixing an application form

Even where it's legal

Ontario employers who also hire in BC, PEI, or the EU need one process anyway, and the simplest one is: never ask. It also removes a recurring source of pay-equity complaints. There is no upside to the question that "what do you expect?" doesn't give you.

Paste a posting or an application form into the free checker; it flags pay-history requests for BC, PEI, and the EU.

Sources

Checked on September 12, 2026. Information, not legal advice.