Effective January 1, 2026, Ontario employers will face new obligations under the Ontario Employment Standards Act, 2000 (ESA) with respect to publicly advertised job postings. Below is a summary of the key requirements and practical steps employers should take now to prepare.
Scope of Application
The new requirements apply to any “publicly advertised job posting,” but do not apply to:
- general recruitment campaigns or “help wanted” signs that do not advertise a specific position
- internal job postings restricted to existing employees
- postings for work outside the ESA’s jurisdiction
Importantly, these obligations apply only to an employer with 25 or more employees on the day the job is posted.
Mandatory Compensation Disclosure
Employers must include the expected compensation, or range of compensation, in publicly advertised job postings. If a range is posted, it cannot exceed $50,000. This posting requirement does not apply to positions where the expected compensation, or the top of the expected range, exceeds $200,000 annually.
For the new posting requirements, anything that constitutes “wages” under the ESA will be considered compensation and must be disclosed. The ESA defines “wages” as including:
- monetary remuneration payable by an employer to an employee under the terms of a written or verbal employment contract
- any payment required to be made by an employer to an employee under the ESA
- any allowances for room or board under an employment contract or prescribed allowances
However, the following compensation does not fall within the definition of “wages,” and does not need to be disclosed in a job posting:
- tips or other gratuities
- gifts or bonuses that are dependent on the discretion of the employer and that are not related to hours, production or efficiency
- expenses and travelling allowances
- employer contributions to a benefit plan and payments to which an employee is entitled from a benefit plan
Prohibition on Canadian Experience Requirements
Employers cannot include any requirements related to Canadian experience in job postings or associated application forms.
Disclosure of Job Availability
Job postings must state whether the position is for an existing vacancy. While regulations may prescribe additional required information, none have been published yet.
Artificial Intelligence (AI) Disclosure
If AI is used to screen, assess, or select applicants, employers must disclose this in the publicly advertised job posting. “AI” is broadly defined to mean “a machine-based system that, for explicit or implicit objectives, infers from the input it receives in order to generate outputs such as predictions, content, recommendations or decisions that can influence physical or virtual environments.”
Interview Follow-Up Obligations
For candidates granted an interview in respect of a publicly advertised job posting, employers must notify the candidate within 45 days of their interview (or their last interview) whether a hiring decision has been made. This communication can be delivered:
- in person
- in writing, or
- using technology (e.g., email or applicant tracking systems)
Record-Keeping Requirements
Employers must retain:
- copies of job postings and associated application forms for three years after the posting is removed
- records of information provided to interviewed applicants for three years after the information is given
Preparing for Compliance
These changes represent a significant shift in Ontario’s approach to job posting transparency. Employers should act now to audit their recruitment practices and ensure compliance by the new year. To get ready for January 1, 2026, employers may want to:
- review compensation structures to assess the impact of public pay disclosure
- train recruitment staff on AI disclosure obligations
- update job posting templates to ensure compliance with new content requirements
- establish or revise record retention policies to meet the new documentation standards
