Significant new job posting obligations were imposed under Ontario’s Employment Standards Act, 2000 (ESA) as of January 1, 2026. These changes stem from multiple pieces of recent legislation, the Working for Workers Four Act, 2024, the Working for Workers Five Act, 2024, and the Working for Workers Seven Act, 2025, along with Ontario Regulation 476/24 (Rules and Exemptions re Job Postings).Together, these measures are designed to increase transparency, fairness and accountability in hiring.
For employers, this isn’t a minor compliance update. The new rules impact how job postings are written, how hiring decisions are communicated, and how recruitment records are maintained. Employers that recruit in Ontario should review their hiring practices now to ensure they are ready. Failing to comply can expose organizations to legal risk and reputational harm.
This guide breaks down the key job posting requirements in Ontario for 2026, who they apply to, and what employers should do now to stay compliant.
Who do Ontario’s new job posting rules apply to?
The new requirements apply to publicly advertised job postings, subject to an important exemption:
- Employers with fewer than 25 employees on the day a job posting is made are not subject to these rules.
Publicly advertised job postings are defined as “external job posting that an employer or a person acting on behalf of an employer advertises to the general public”.
These changes are likely to apply If your organization meets the employee threshold and advertises roles publicly on:
- Your website
- Job boards
- Social media
The definition specifically excludes:
- General recruitment campaigns
- General “help wanted” signs
- Internal postings
- Postings for positions with work to be performed outside of Ontario.
- Crown boards, commissions, or corporations whose members are appointed by the Crown and their employees
Key job posting requirements employers must follow in 2026
- Mandatory Pay Transparency
In publicly advertised job postings, employers must include:
- expected compensation or
- a range of expected compensation
Key limits apply:
- Compensation ranges may not exceed $50,000 per year.
- The requirement does not apply where:
- The expected compensation is more than $200,000 per year, or
- The top end of the range exceeds $200,000 per year
- Disclosure of Artificial Intelligence in Hiring
For clarity, the ESA Regulations now define artificial intelligence as “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”.
If artificial intelligence is used at any stage of the hiring process, employers must disclose this fact directly in the job posting. This includes:
- Screening resumes
- Ranking candidates
- Making recommendations or hiring related decisions
- Ban on Canadian Experience Requirements
Employers are now prohibited from including any Canadian experience requirements in:
- Publicly advertised job postings, or
- Associated application forms
- Clarifying Whether a Vacancy Is Real
Job postings must clearly disclose whether the position represents an existing vacancy.
- Mandatory Follow-Up with Interviewed Candidates
If an employer interviews a candidate for a publicly advertised role, the employer must provide the applicant with an update on whether a hiring decision has been made.
Requirements include:
- The information must be provided within 45 days of:
- The interview date, or
- The final interview, if there is more than one
- The update may be communicated in:
- Person
- Writing
- Electronically
For this requirement, an “interview” means an in-person or technology-enabled meeting (including teleconference or videoconference) where questions are asked and answered to assess the applicant’s suitability.
It does not include preliminary screening activities.
- Mandatory Three-Year Record Retention Requirement
Employers are required to keep the following records for three years:
- Copies of every publicly advertised job posting
- Associated application form for three years after public access to the posting is removed
- Records of the information provided to interviewed applicants for three years after it was provided
New rules for job posting platforms
The ESA also imposes new requirements for online job platforms such as LinkedIn, Indeed, and Workopolis, that display publicly advertised job postings.
As of January 1, 2026, these platforms must:
- Provide a mechanism or procedure allowing users to report fraudulent job postings
- Maintain a written policy addressing fraudulent postings and procedures for handling reports
- Conspicuously display both the reporting mechanism/procedure to make these policies easily accessible
- Retain policies for three years
However, note that individuals cannot file employment standards complaints under section 96(1) of the ESA for contraventions of these requirements.
What employers should do now?
With these changes already in effect as of January 1, 2026, employers should:
- Review existing job postings and recruitment practices
- Confirm how and where AI tools are used in hiring
- Train HR and recruiting teams on disclosure obligations
- Implement systems to track post-interview communications
- Ensure proper record retention processes are in place
Frequently asked questions
What are the new job posting requirements in Ontario for 2026?
As of January 1, 2026, Ontario employers must include salary ranges, disclose AI use in hiring, confirm whether a job is a real vacancy, avoid Canadian experience requirements, notify interviewed candidates within 45 days, and retain records for three years.
Do all employers in Ontario have to follow these rules?
No. Employers with fewer than 25 employees are exempt from the new job posting requirements
Do employers have to include salary in job postings in Ontario?
Yes. Employers must include a salary or salary range in publicly advertised job postings, subject to specific limits and exemptions.
What is the salary range limit in Ontario job postings?
Salary ranges cannot exceed $50,000 unless the position pays more than $200,000 annually
Do employers have to disclose AI in hiring?
Yes. If artificial intelligence is used at any stage of recruitment, it must be disclosed in the job posting.
What is the 45-day rule for job interviews in Ontario?
Employers must inform interviewed candidates whether a hiring decision has been made within 45 days of the interview or final interview.
Are “Canadian experience” requirements allowed in job postings?
No. Employers are prohibited from requiring Canadian experience in job postings or application forms.
How long must employers keep job posting records?
Employers must retain job postings, application forms, and candidate communication records for three years.
Get Help Navigating Ontario’s New Hiring Rules
These changes represent a shift toward greater transparency and accountability in hiring and they require more than a quick update to your job templates. If you’d like help updating your hiring practices in light of these changes, or assess compliance risks, our team at Whitten & Lublin would be happy to assist.
Please contact us online or by phone at (416) 640 2667 today.
Author – Alexa Cheung
