JOB POSTING REQUIREMENT

Introduction

Effective January 1, 2026, the Ontario government will implement new job posting requirements under the Employment Standards Act, 2000 (ESA). These changes aim to enhance transparency in the hiring process and ensure fair treatment of all job applicants. This document outlines the key requirements and provides guidance on compliance.

1. Scope of Application: The new requirements apply to employers in Ontario who have 25 or more employees on the day a publicly advertised job posting is made. A “publicly advertised job posting” refers to any external job advertisement accessible to the general public, excluding:

• General recruitment campaigns not targeting a specific position.
• General “help wanted” signs without specific job details.
• Internal postings restricted to current employees.
• Positions for work performed entirely outside Ontario or primarily outside Ontario with minimal duties within the province.

2. Mandatory Job Posting Disclosures

Employers must include the following information in all publicly advertised job postings in compliance with the Employment Standards Act

1. a) Compensation Details

• Clearly state the expected compensation or a salary range for the position.
• If providing a range, the difference between the minimum and maximum cannot exceed $50,000.
• This requirement does not apply to positions with expected compensation exceeding $200,000 annually.

1. b) Use of Artificial Intelligence (AI)

• Disclose if AI is utilized to screen, assess, or select applicants.
• AI is defined as machine-based systems that process inputs to generate outputs influencing environments or decisions.

1. c) Existing Vacancy Statement

• Indicate whether the job posting is for an existing vacancy within the organization.

3. Canadian Experience Requirement
Employers cannot mandate Canadian work experience in job postings or associated application forms, as per the updated guidelines under the Employment Standards Act.
4. Post-Interview Obligations

Employers who interview applicants for publicly advertised positions must:

• Inform each interviewed candidate of the hiring decision within 45 days of their last interview.
• Communication can be in person, in writing, or through electronic means.

5. Record-Keeping Requirements
Employers are required to retain:

• Copies of all publicly advertised job postings and associated application forms for three years after the posting is removed from public access.
• Records of information provided to applicants regarding hiring decisions for three years after the communication date.

Conclusion

To ensure compliance with the upcoming regulations, employers should:

• Review and update job posting templates to include required disclosures.
• Eliminate any Canadian experience requirements from job postings and applications.
• Establish protocols for timely communication with applicants post-interview.
• Implement systems for maintaining necessary records for the stipulated duration.

The information provided in this article is for general informational purposes only and is not intended as legal advice. Readers seeking employment, legal advice, or paralegal services should consult with a qualified legal professional to obtain employment legal advice customized to their specific circumstances. The authors and publishers of this article disclaim any liability for actions taken based on its content. For comprehensive support, consider trusted legal services in Canada.

Have questions about the new job posting requirements under the Employment Standards Act? Contact us at 905-483-5115 or email samina.sial@hrenable.ca for expert guidance.