New Legal Requirements for Ontario Job Postings Take Effect January 2026

Sara Santos-Vigneault
Sep 29
3 min read

Written by: Sara Santos-Vigneault

Date: September 29, 2025

On January 1, 2026, major changes to the Employment Standards Act, 2000 (ESA) will come into effect in Ontario. These changes were introduced through the Working for Workers Four Act, 2024 (Bill 149) and Working for Workers Five Act, 2024 (Bill 190).

They apply to employers in Ontario with 25 or more employees and aim to create fairer, more transparent job postings.

The new requirements focus on pay transparency, use of artificial intelligence, communication timelines with applicants, and retention of recruitment records. They reflect growing public concern around wage equity, ethical use of AI, and access to employment opportunities for newcomers to Canada.

Employers Subject to the Requirements

Any employer with 25 or more employees on the date a job is publicly advertised must comply with the new rules. A “publicly advertised job posting” is one made available to the general public through any medium including websites, job boards, or recruitment platforms.

Postings that do not fall under the regulation include:

Internal notices visible only to current employees
General recruitment campaigns with no specific role
Jobs that are entirely outside of Ontario

Ontario Regulation 476/24

Required Information in Job Postings

Compensation Disclosure

Employers must disclose either:

The exact compensation being offered, or
A salary or wage range

If a range is provided, it must not exceed a 50,000 dollar difference between the minimum and maximum unless the maximum compensation is more than 200,000 dollars annually. This is intended to ensure transparency and reduce wage disparities, particularly for equity-deserving groups.

Ontario Regulation 476/24, Section 2

Canadian Work Experience Prohibited

Job postings and application forms may not contain a requirement for Canadian work experience. This change supports internationally trained professionals and aligns with the Ontario Human Rights Code, which prohibits discriminatory hiring practices.

A government release confirms Ontario's plan to eliminate Canadian experience requirements, aiming to be the first in Canada to implement such a rule.

Ontario Newsroom Release

Disclosure of Artificial Intelligence Use

If AI is used to assess or screen applicants, this must be disclosed in the job posting. The regulation defines AI broadly as machine-based systems that infer from input and influence outcomes. This includes tools that automate resume screening or rank applicants.

Employers using third-party software for recruitment are responsible for ensuring appropriate disclosure.

Ontario Regulation 476/24, Section 3

Statement on Vacancy

Each job posting must state whether the position is a current vacancy. This is to ensure that postings reflect actual hiring needs rather than speculative talent searches.

Notification of Interviewed Candidates

Interviewed candidates must be informed of the hiring decision within 45 calendar days of their last interview. Communication can be in person, by phone, email, or any other suitable method. This rule addresses the common issue of job seekers not receiving responses after interviews.

Ontario Regulation 476/24, Section 4

Recordkeeping Requirement

Employers must retain the following records for three years after the job posting is no longer accessible:

A copy of the job posting
Application forms used
Communication sent to interviewed applicants

These records must be available in the event of an inspection or complaint.

Ontario Regulation 476/24, Section 5

Industry Commentary and Legal Insight

Stikeman Elliott highlighted the growing regulation of AI and pay transparency, encouraging employers to audit job posting templates.
Stikeman Elliott
Cassels outlined the compliance challenges in roles with incentive-based pay and the need for clear internal frameworks.
Cassels
Osler emphasized the importance of this initial AI disclosure as a step toward broader regulation of algorithmic hiring practices.
Osler
Norton Rose Fulbright advised employers to ensure that their AI tools comply with both ESA and human rights law.
Data Protection Report

Person using a laptop on a desk, browsing employment websites. Black mug nearby. Indoor setting with muted colors. Calm and focused mood. — Photo by KATRIN BOLOVTSOVA

Status of Case Law

As of September 2025, no court or tribunal decisions have interpreted the new ESA job posting provisions. However, potential litigation may arise in the future involving: