New Ontario Job Posting Requirements in Force
On January 1, 2026, Ontario implemented sweeping new changes to public job posting requirements under the Ontario Employment Standards Act, 2000 (the “ESA”). Heralded by the Ministry of Labour as an initiative to promote transparency and fairness for job seekers, the impact on employers is an additional administrative burden in the hiring process.
Employers with 25 or more employees are now required to:
- disclose whether the publicly advertised job is for an existing vacancy;
- include the expected total compensation, or at the very least, an accurate range with the difference between the top and bottom compensation, and rates must not exceed $50,000. The requirement does not apply where the expected annual compensation is more than $200,000 or where the top end of the range is above $200,000;
- state in the job posting whether AI is being used to screen, select, and assess applicants;
- notify any candidates granted an interview within 45 days of the interview whether they have been hired;
- prohibit any inclusion of requirements relating to Canadian experience; and
- retain job postings and any associated application forms, as well as the information provided to applicants after an interview, for a period of three years.
While most employers will generally fall under this new implementation with respect to publicly advertised jobs, there are some exclusions that are worth noting. The new requirements will not apply to “help wanted” signs or general recruitment campaigns, internal job postings that are restricted to existing employees, and postings for work to be performed outside of Ontario.
To ensure employers are adhering to the changes, employers should:
- Review compensation structures to adhere to total compensation posting requirements;
- Train managers on AI disclosure obligations in the hiring process;
- Update job posting templates; and
- Establish or revise record retention policies.