New Ontario Job Posting and Hiring Process Requirements Come into Effect on July 1

New Ontario Job Posting and Hiring Process Requirements Come into Effect on July 1, 2025 and January 1, 2026

On November 28, 2024, Ontario proclaimed that new hiring process requirements under the Employment Standards Act, 2000 ("ESA") would come into effect on July 1, 2025, and that other hiring process requirements and new job posting requirements will come into effect on January 1, 2026. These new requirements are being added to the ESA pursuant to the  Working for Workers Act Four Act, 2024 (the "Four Act") and the  Working for Workers Five Act, 2024 (the "Five Act"). Additionally, Ontario also published regulations under the ESA prescribing which job postings the new requirements will apply to, the prescribed information that must be included in such postings, and prescribed information that must be provided to interviewed applicants (and related timelines). 

New Job Posting and Hiring Process Requirements

New Hiring Process Requirements Coming into Effect on July 1, 2025

Beginning on July 1, 2025, employers with at least 25 employees will be required to provide new hires with certain information prior to their first day of work (or, if that is not practicable, as soon as reasonably possible), pursuant to O. Reg. 477/24: When Work Deemed to be Performed, Exemptions and Special Rules. This information includes:

• the employer's legal name (as well as any operating or business name, if different); 

• the employer's contact information, including its address, telephone number and one or more contact names; 

• a general description of the employee's anticipated initial place of work; 

• the employee's starting wage rate or commission (as applicable); 

• the pay period and pay day established by the employer; and

• a general description of the employee's anticipated initial hours of work. 

However, this requirement will not apply to an "assignment employee" which is employed by a temporary help agency for the purpose of being assigned to perform work on a temporary basis for clients of the agency.  

Perhaps more impactful to employers will be the changes scheduled to take effect in 2026, including new job posting requirements.

New Job Posting and Hiring Process Requirements Coming into Effect on January 1, 2026

New job posting and hiring process requirements under the Four Act and Five Act will come into effect on January 1, 2026. Most notably, employers that have 25 or more employees will be required to include the following in all "publicly advertised job postings" (subject to certain exceptions discussed below): 

• the expected compensation (defined as "wages") or range compensation for the position; 

• a statement disclosing that the employer is using artificial intelligence ("AI") to screen, assess, or select job applicants for the position, if the employer is doing so; and  

• whether the posting is for an existing vacancy or not.

Ontario has also prescribed which job postings the new requirements apply to and related exceptions, via O. Reg. 476/24: Rules and Exemptions Re Job Postings (the "Job Posting Regulation"). This regulation defines "publicly advertised job posting" to mean "an external job posting that an employer or a person acting on behalf of an employer advertises to the general public in any manner". However, the Job Posting Regulation also provides that the new requirements do not apply to:  

• a general recruitment campaign which does not advertise a specific position;

• a general help wanted sign that does not advertise a specific position;

• a posting for a position that is restricted to existing employees of the employer;

• a posting for a position which is to be performed outside of Ontario (which is not a continuation of work performed in Ontario); or

• 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 Job Posting 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.

Additionally, effective January 1, 2026, employers with 25 or more employees will be prohibited from including any requirements related to "work experience in Canada" in any publicly advertised job postings or associated applications. 

Finally, the Ontario government has also proclaimed when additional new hiring process requirements will come into effect and prescribed related timelines via the Job Posting Regulation. In particular, beginning January 1, 2026:

• all employers will be required to retain copies of every publicly advertised job posting and every associated application for three years; and

• employers with at least 25 employees will be required to inform all applicants who apply to a publicly advertised job posting of whether a hiring decision has been made within 45 days of the date on which they were interviewed (or if the applicant was interviewed more than once, within 45 days of their most recent interview) and retain this information for at least three years.

Employers would be well advised to familiarize themselves with the new job posting/hiring process requirements, to mark when these requirements will come into effect in their calendars, and to ensure that they are prepared to comply with the new requirements once they come into effect.

If you have any questions regarding the above, or if you require any assistance with ensuring that your business is meetings its statutory obligations, please do not hesitate to  contact us for expert legal advice and guidance.