Ontario’s New Job Posting Requirements (Effective January 1, 2026)

Our guest blogger is Stefanie Howse, principal of IN DEMAND Recruitment & Consulting Inc. IN DEMAND is a boutique, quality-driven firm providing highly personalized recruitment services to clients across Canada, the United States, and internationally since 2001. The firm specializes in professional, technical, and executive placements across multiple industries. Stefanie is a multi-award-winning recruiter—Top Recruiter Canada 2019 and 2022, Top Recruiter North America 2024—and has served as Area Leader for Canada within NPAworldwide since 2015. Today she addresses the new job posting requirements that have gone into effect in Ontario (Canada).

Here’s a comprehensive, practical overview of the new publicly advertised job posting requirements in Ontario (and how they compare with broader Canadian trends) — including what employers must do, what the rules mean for hiring, and why they matter.

Ontario is introducing significant new job posting obligations under the Employment Standards Act, 2000 (ESA) (as amended by the Working for Workers Four Act, 2024 and related regulations). These apply to publicly advertised job postings — meaning external ads visible to the general public. (Business Law firm | Stikeman Elliott)

1. Salary / Pay Transparency

• Employers must include expected compensation or a salary range in every publicly advertised job posting.
• If a range is used, the difference between the low and high end cannot exceed $50,000 annually.
• This does not apply if the salary (or the top of the range) is more than $200,000 per year.
• “Compensation” is broadly defined to include all forms of pay considered “wages” under the ESA (base salary, guaranteed bonuses, etc.). (Business Law firm | Stikeman Elliott)

Why this matters:

• Salary transparency helps candidates know what jobs actually pay up front and reduces guesswork or hidden expectations in the hiring process. (Achkar Law)

2. No Canadian Experience Requirement

• Employers cannot include any requirement for “Canadian experience” (or surface-level equivalents) in publicly advertised postings or in associated application materials.
• This change is designed to remove a common barrier for newcomers, international talent, and other skilled workers. (Fasken)

3. Disclosure of Artificial Intelligence (AI) Use

• If an employer uses AI tools to screen, assess, or select applicants, the job posting must include a clear statement about that use.
• “AI” is defined to include systems that generate outputs (such as predictions or assessments) that influence hiring decisions. (Fasken)

Tip: This includes many applicant tracking systems or automated resume scans when they have algorithmic decision logic.

4. Existing Vacancy Statement

• Every publicly advertised job posting must clearly state whether the posting is for a genuine existing vacancy.
• This discourages vague “future pipeline” or speculative postings that mislead candidates. (Hicks Morley)

5. Interviewee Notification Requirement

• If an applicant is interviewed for a publicly advertised job, the employer must inform them within 45 days (in person, in writing, or electronically) whether a hiring decision has been made.
• “Interview” includes formal meetings (in person or virtual) where candidates are assessed — not just initial screening. (Hicks Morley)

6. Record Retention

• Employers must keep records of each publicly advertised job posting and any associated application forms for three years after the posting is no longer publicly accessible.
• This supports compliance reviews and candidate complaints if needed. (Business Law firm | Stikeman Elliott)

📌 Who Must Comply?

• These requirements generally apply to Ontario employers with 25 or more employees on the day a publicly advertised job is posted. (Fasken)
• Postings outside Ontario, internal-only postings, or generic “help wanted” ads that don’t specify a position are typically not covered. (Business Law firm | Stikeman Elliott)

🌍 Broader Context — Across Canada

While Ontario’s rules are among the most detailed and recent, other provinces have adopted or are considering similar pay transparency or job posting requirements — including British Columbia, New Brunswick, Nova Scotia, Newfoundland and Labrador, and others. (Robert Half)

The trend reflects a broader shift toward transparent, equitable hiring practices and away from opaque job ads that leave candidates unsure about pay or screening methods.

📋 Practical Tips for Employers

To comply and stay competitive in the new labour market:

1. Audit your compensation structures and set clear, defensible salary ranges for every role.
2. Include salary range in every external job posting (unless exempt by pay level).
3. Review job descriptions to remove “Canadian experience” requirements.
4. Review whether AI tools are used in hiring and include disclosure statements where required.
5. Plan to notify interviewed candidates within 45 days of their interview.
6. Keep a filing system for posting copies, applications, and interview records for three years.

These steps help avoid compliance risks and build a stronger employer brand in a candidate-driven market. (Achkar Law)