Starting on January 1, 2026, Ontario employers will be required to comply with new job posting rules under the Employment Standards Act, 2000 (ESA). These changes affect how publicly advertised positions are posted, what information must be included, and how employers communicate with candidates.
The amendments arise from the Working for Workers Four Act, 2024 (Bill 149), the Working for Workers Five Act, 2024 (Bill 190), and O. Reg. 476/24: Rules and Exemptions Re Job Postings. Combined, they introduce:
- Pay transparency requirements.
- Disclosure obligations relating to the use of artificial intelligence in hiring.
- A prohibition on “Canadian experience” requirements in job postings and application forms.
- New record-keeping and candidate communication standards.
For hiring managers, recruiters, and employers across Ontario, these changes will have a direct impact on standard recruitment processes and documentation. We highlight the key details and changes below.
Which Employers Are Covered?
The new job posting rules do not apply to every employer in Ontario. They apply only where both of the following conditions are met:
- The employer has 25 or more employees on the day the job is posted, and;
- The job is advertised as publicly advertised job posting.
Employers with fewer than 25 employees on the posting date are not subject to these specific job posting obligations, although other ESA requirements will continue to apply.
What Is a Publicly Advertised Job Posting?
For ESA purposes, a publicly advertised job posting is a job opportunity that is made available to the general public in any manner. This can include:
- Job postings on an employer’s careers page.
- Listings on public job boards.
- Recruitment advertising on social media or professional networking platforms.
- Any other channel that is publicly accessible.
Certain situations are excluded. The new rules do not apply to:
- General recruitment campaigns that do not describe a specific position.
- Generic “help wanted” notices that do not identify a particular role.
- Postings available only to existing employees (e.g., internal postings).
- Jobs where work is performed entirely outside Ontario.
- Jobs where work is performed partly in and partly outside Ontario, where the out-of-province work is not a continuation of work performed in Ontario.
Where a posting is internal only or falls outside the ESA’s jurisdiction, the new job posting requirements will not apply.
Summary of the New Job Posting Requirements
Effective January 1, 2026, covered publicly advertised job postings must comply with six key requirements.
1. Pay Transparency: Expected Compensation or Range
Each covered job posting must include either:
- The expected compensation, or;
- A range of expected compensation for the position.
Important considerations for employers:
- Compensation must be expressed in a manner that is consistent with the ESA’s definition of wages, which generally refers to monetary remuneration and certain non-discretionary payments.
- If a range is used, the difference between the minimum and maximum cannot exceed $50,000 per year.
- This requirement does not apply where the expected annual compensation, or the top end of the range, is more than $200,000.
Hiring managers and recruiters should ensure that established pay bands align with these parameters before postings go live.
2. Prohibition on “Canadian Experience” Requirements
Employers will be prohibited from including any requirement related to “Canadian experience” in:
- Publicly advertised job postings, and;
- Any associated application forms.
This change is intended to reduce barriers for internationally trained candidates and newcomers. Employers may still require specific licenses, certifications, or credentials where those are legitimately necessary for the role, but they may not state that Canadian work experience is required as a general condition. HR and recruitment teams should review all templates and standard wording to remove any reference to Canadian experience.
3. Disclosure of Artificial Intelligence in Hiring
If an employer uses AI to assist in hiring decisions, then this practice must be disclosed in the job posting.
AI in this context is broadly defined. It includes machine-based systems that process input data and generate outputs such as predictions, recommendations, or decisions that influence the hiring process. Examples include:
- Automated resume screening or ranking tools
- AI assisted video interview analysis
- Systems that score or filter candidates based on algorithmic criteria
The legislation does not prescribe exact wording, but the disclosure must be clear and understandable to applicants. Employers should develop standard language to describe where and how AI tools are used in the recruitment process.
4. Indicating Whether the Role Is an Existing Vacancy
Employers must specify in the job posting whether the position relates to an existing vacancy.
This requirement addresses concerns about “evergreen” postings or purely speculative recruitment efforts that do not relate to current openings. For hiring managers, this means confirming the status of the role in advance and reflecting that status accurately in the posting.
5. Follow Up with Interviewed Candidates
Employers will be required to provide timely communication to candidates who have been interviewed for a publicly advertised position. Specifically:
- Within 45 days after the applicant’s interview, or last interview if there are multiple rounds, the employer must inform the applicant whether a hiring decision has been made for the position.
Communication may be:
- In person.
- In writing, such as by email.
- Via technology, such as through an applicant tracking system notification.
The term “interview” is interpreted broadly and can include in-person, telephone, and video interviews, where questions are asked, and answers are given to evaluate suitability. Preliminary screening steps that do not constitute a substantive interview may not fall within this definition, but we recommend taking a conservative approach and ensuring that candidates who clearly participated in an interview are notified. Recruiters and hiring managers should also ensure that candidate communication workflows and systems are able to support this 45-day requirement.
6. Enhanced Record Keeping Obligations
The new rules also introduce record-keeping requirements related to job postings and hiring communications. Employers must:
- Retain a copy of every publicly advertised job posting and any associated application form for at least three years after public access to the posting is removed.
- Retain a record of the information provided to interviewed applicants regarding the hiring decision for three years after the information is given.
These records may be required in the event of an ESA inspection or complaint. Employers should determine where and how these documents will be stored, and ensure that their HR systems and processes support the required retention periods.
Practical Steps for Employers, Hiring Managers, and Recruiters
The new job posting rules, effective January 1, 2026, represent a significant shift in how Ontario employers must structure and manage recruitment activities. Pay transparency, the elimination of Canadian experience requirements, AI disclosure, timely candidate communication, and enhanced record keeping will all require careful planning and implementation.
Hiring managers, recruiters, and employers who act now to adjust their practices will be better positioned to comply, avoid potential complaints and disputes, and demonstrate a commitment to fairness and transparency in their hiring processes. Key recommended actions include:
1. Confirm Coverage and Scope
- Verify whether the organization typically has 25 or more employees on the dates when job postings go live.
- Identify which postings qualify as publicly advertised job postings versus internal or out-of-province postings.
2. Update Job Posting and Application Templates
- Add required pay information to standard job posting templates, ensuring any ranges comply with the $50,000 limit and that highly compensated roles are handled appropriately.
- Remove any reference to Canadian experience from postings and application forms.
- Add AI disclosure language wherever AI-based tools are used in screening or assessing applicants.
- Include a clear statement indicating whether the role is an existing vacancy.
3. Review Use of AI in Recruitment
- Conduct an inventory of recruitment tools and platforms to determine where AI functionality is in use.
- Ensure that disclosures in postings are accurate and consistent with actual practices.
- Consider whether additional internal governance is needed around AI-supported hiring decisions.
4. Align Communication Workflows with the 45 Day Requirement
- Establish or refine processes to ensure that every interviewed candidate is informed within 45 days whether a hiring decision has been made.
- Use applicant tracking systems or other tools to automate reminders and standard responses wherever possible.
5. Strengthen Record Management
- Define where job postings, application forms, and candidate communication records will be stored.
- Confirm that systems and procedures will retain these records for at least three years and that they can be retrieved if required.
6. Train HR, Recruiters, and Hiring Managers
- Provide training and written guidance regarding the new requirements.
- Update recruitment policies and standard operating procedures to reflect the new legal framework.
How PIVOTAL Can Help
PIVOTAL works closely with employers across Ontario to design and implement compliant, efficient recruitment processes. In light of these new job posting requirements, PIVOTAL can assist with:
- Reviewing and updating job posting templates and application forms.
- Advising on practical approaches to pay transparency and pay ranges.
- Developing standard AI disclosure language and candidate communication templates.
- Designing workflows that ensure alignment with the 45-day follow-up requirement.
- Supporting HR and recruitment teams through training and ongoing advisory services.
By addressing these changes in a structured and proactive way, organizations can reduce risk, maintain a positive candidate experience, and remain competitive in a tight labour market. Learn more by calling us at 855-378-7987 or emailing info@pivotalsolutions.com.
