Ontario’s New Job Posting Laws Are Now in Effect: What Employers Need to Know in 2026

As of January 1, 2026, new job posting requirements under Ontario’s Employment Standards Act, 2000 (ESA) are officially in force. These changes introduce new transparency and fairness obligations for employers that publicly advertise job openings and they directly affect how organizations recruit, screen, and communicate with candidates. 

For employers that haven’t yet adjusted their hiring practices, now is the time. Below is a clear breakdown of who the rules apply to, what’s required, and how employers can stay compliant moving forward. 

Who Do the New Job Posting Rules Apply To? 

The new requirements apply to employers with 25 or more employees. 

The threshold is assessed on the day a job posting is publicly advertised. If your organization employs 25 or more employees on that day, the posting must meet the new legislative requirements — even if your headcount fluctuates later. 

Employee counts generally include full-time, part-time, and casual employees. Independent contractors are typically excluded, as they are not considered employees under the ESA. 

What Counts as a “Publicly Advertised Job Posting”? 

A publicly advertised job posting is an external job posting made available to the general public, either by the employer or by someone acting on the employer’s behalf. 

However, the following are not considered publicly advertised job postings under the legislation: 

• General recruitment campaigns that don’t advertise a specific role
• “Help wanted” signs that do not reference a specific position
• Internal-only job postings
• Positions performed entirely outside Ontario
• Positions performed both inside and outside Ontariowhere the work performed outside Ontario is not a continuation of work previously performed in Ontario

Only postings that meet the definition of a publicly advertised job posting are subject to the new requirements. 

What Employers Must Now Include in Job Postings 

1. Compensation Transparency 

Public job postings must now include either: 

• Theexpected compensation, or
• Arange of expected compensation,providedthe range does not exceed$50,000

For example, a posting that lists a range of $75,000 to $125,000 would meet the maximum allowable range. 

Exceptions apply where: 

• The expected annual compensation is$200,000 or more, or
• The upper end of the compensation range exceeds $200,000

For hourly roles, employers may disclose an hourly wage or hourly range rather than an annual salary. 

2. No Canadian Work Experience Requirements 

Job postings and application forms may no longer include requirements for Canadian work experience. 

Employers can still require job-related skills, credentials, or knowledge — such as familiarity with Canadian laws, regulations, or standards — as long as the requirement is not framed as prior Canadian work experience. 

3. Mandatory Follow-Up With Interviewed Candidates 

Where an employer conducts an interview, they must now notify the candidate within 45 days of the final interview whether a hiring decision has been made. 

This requirement does not obligate employers to provide feedback or reasons for the decision — only confirmation that a decision has occurred. 

4. Disclosure of AI Use in Hiring 

If an employer relies on artificial intelligence to screen, assess, or select applicants, that reliance must be disclosed directly in the job posting. 

The legislation defines AI broadly and may include applicant tracking systems or automated screening tools used at any stage of the recruitment process. Employers remain responsible for disclosure even when AI tools are provided by third-party vendors. 

5. Disclosure of Whether the Role Is an Actual Vacancy 

Public job postings must now include a statement indicating whether the posting is for an existing vacancy. 

This requirement is intended to increase transparency for job seekers and reduce the use of “placeholder” or “ghost” job postings. 

6. Record Retention Requirements

Employers must retain records of: 

• Every publicly advertised job posting, and
• Any associated application forms

These records must be kept for three years after the posting is removed from public access. 

What Employers Should Be Doing Now

With the legislation now in effect, employers should ensure that: 

• Job posting templates have been updated
• Compensation disclosure practices are compliant
• AI use in recruitment tools has beenidentifiedand disclosed
• Hiring teams understand candidate communication timelines
• Record retention processes are in place

Employers that rely on third-party recruitment platforms or applicant tracking systems should also confirm how those tools align with the new requirements. 

Frequently Asked Questions (FAQ)

Does the 25-employee threshold apply per location or per company?

The threshold generally applies to the employer entity, not individual locations. Employers with complex corporate structures should review how employee counts are determined across related entities. 

Do part-time and casual employees count toward the 25-employee threshold?

Yes. Part-time and casual employees are generally included when calculating employee count. 

Are independent contractors included?

No. Independent contractors are typically excluded, as they are not employees under the ESA. 

Do remote roles fall under the new rules?

If the work is performed in Ontario — or is a continuation of work previously performed in Ontario — the rules may apply. Roles performed entirely outside Ontario are excluded. 

How should compensation be disclosed for hourly roles?

Employers may disclose an hourly wage or hourly range instead of an annual salary. 

Can employers still require knowledge of Canadian laws or regulations?

Yes. Employers may require job-related knowledge of Canadian laws or standards, provided the requirement is not framed as prior Canadian work experience. 

What happens if a candidate is interviewed but later withdraws?

The obligation to notify applies where an interview is conducted. If a candidate withdraws before or after an interview, employers should document the situation to support compliance. 

Do job fairs count as publicly advertised job postings?

General recruitment at job fairs that does not advertise a specific position may not qualify. However, advertising a specific role publicly could trigger the requirements. 

Where can employers get further guidance?

Employers should continue to monitor guidance from the Ontario Ministry of Labour and consult legal or HR advisors for role-specific or structural questions. 

Reach out to our team for expert advice and to learn more.