New job posting and hiring process requirements for Ontario employers have come into effect on January 1, 2026. These changes will impact all provincially regulated employers in Ontario which publicly advertise job postings and will require such employers to include certain information in job postings, to inform interviewed applicants of hiring decisions in a timely manner, and to keep related records.
Background
The Ontario government has repeatedly amended the Employment Standards Act, 2000 (the “ESA”) in recent years, including by passing the Working for Workers Four Act, 2024 in March 2024 and the Working for Workers Five Act, 2025 in October 2024. Pursuant to these amendments, a new provision has been added to the ESA to start the new year —"Part III.1 – Job Postings”.
New Job Posting Requirements
As of January 1, 2026, new job posting requirements have come into effect, as follows:
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All publicly advertised jobs postings are required to include “information about the expected compensation for the position or the range of expected compensation for the position.”
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Any employer that uses artificial intelligence (“AI”) to screen, assess, or select job applicants for the position being advertised is now required to disclose this use of AI in the job posting.
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Every employer that publicly advertises a job posting is required to disclose whether the posting is for an existing vacancy or not.
Additionally, the amended legislation prohibits employers from including any requirements related to “Canadian experience” in publicly advertised job postings or in any application forms related to such postings.
The amended legislation also provides that the government may make exceptions to these requirements by passing regulations, and it has already done so by passing O. Reg. 476/24: Rules and Exemptions Re Job Postings (the “Regulation"), which has also come into effect on January 1, 2026.
Under the Regulation, the new requirements do not apply to:
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a general recruitment campaign which does not advertise a specific position;
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a general help wanted sign that does not advertise a specific position;
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a posting for a position that is restricted to existing employees of the employer;
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a posting for a position which is to be performed outside of Ontario (which is not a continuation of work performed in Ontario); or
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a job that has an expected compensation of more than $200,000 per year (or a range of expected compensation that includes an amount of more than $200,000).
The Regulation also stipulates that the range of expected compensation for a publicly advertised job posting cannot be more than the equivalent of $50,000 per year.
New Duty to Inform Interviewed Applicants
In addition to the new job posting requirements, employers are also required to provide interviewed applicants with information as to whether a hiring decision has been made in relation to publicly advertised job postings. Employers are required to do this within 45 days of the date of the applicant’s last interview, and must provide this information “in person, in writing or using technology”.
Accordingly, “ghosting” applicants is now a breach of the ESA where the applicant applied for a publicly advertised job and was interviewed for it (subject to the exceptions above). Conversely, employers do not have any duty to communicate hiring decisions to job applicants who were never interviewed.
New Record Keeping Requirements
Finally, there are also new record keeping requirements that will allow the government to enforce the new requirements discussed above. In particular, as of January 1, 2026, employers are required to retain copies of every publicly advertised job posting and any application forms associated with those postings for at least three years after the posting is no longer accessible to the general public.
The Bottom Line
Now is the time for employers to ensure that they are prepared to comply with the new job posting and hiring process requirements, before urgent recruitment needs arise in the new year. Thus, employers should ensure that their staff with responsibilities in this area are aware of these new requirements, and employers should consider updating relevant policies and training materials to maintain compliance going forward.
If you require any assistance with ensuring that your business is in compliance with the ever-changing employment standards requirements under the ESA, please do not hesitate to contact us for expert legal advice and guidance.
