Ontario Employers Need To Know: Employment Standards Act Updates – What's New For 2026—and What Changed In 2025

As Ontario enters 2026, employers face another series of changes to the Employment Standards Act, 2000 ("ESA") pursuant to Ontario's "Working for Workers" agenda. Below, we highlight the employment standards reforms that have recently gone into effect or that will be taking effect in 2026 and provide a recap of the major changes from 2025.

Key Changes Effective January 1, 2026 (and to be determined)

1. Publicly Advertised Job Postings (effective January 1, 2026)

New rules for "publicly advertised job postings" apply to employers with at least 25 employees on the day of posting.¹ These types of posts are defined as "an external job posting that an employer or a person acting on behalf of an employer advertises to the public in any manner."

Employers must now comply with the following requirements:

• Vacancy Disclosure: Publicly advertised job postings must include a statement disclosing whether the posting is for an existing vacancy.
• Artificial Intelligence Disclosure: Publicly advertised job postings must disclose if artificial intelligence is used to screen, assess, or select applicants for the position.
• Expected Compensation Disclosure: Publicly advertised job postings must include the position's expected compensation or expected range of compensation. The expected range cannot exceed $50,000 annually. Exemptions apply to positions with an expected compensation of over $200,000 annually and ranges that end at an amount more than $200,000.
• 45 Day Hiring Decision Notice: Within 45 days of the final interview for a publicly advertised job posting, employers must notify the applicant of whether a hiring decision has been made, either in person, in writing, or using technology.
• Retention of Interview Information: Employers must retain interview information for three years after the day the notice of a hiring decision is provided to the applicant.
• Retention of Job Postings: Employers must retain every publicly advertised job posting, along with any related application forms, for three years after those postings are no longer accessible to the public.
• Canadian Experience Requirements Prohibited: Employers cannot include Canadian experience requirements in publicly advertised job postings or application forms.

The following job advertisements are excluded from the new rules:

• A general recruitment campaign that 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; or
• A posting for a position for which work is to be, either, performed outside Ontario, or performed outside Ontario and in Ontario and the work performed outside Ontario is not a continuation of work performed in Ontario.

2. Job Posting Platforms (effective January 1, 2026)

Job posting platforms are now required to establish reporting mechanisms and policies for fraudulent publicly advertised job postings.² A "job posting platform" is an online platform that displays publicly advertised job postings. However, it does not include an online platform operated by an employer that only advertises for positions with the employer.

The new obligations for job posting platforms are as follows:

• Mandatory Reporting Mechanism for Fraudulent Postings: Job posting platforms must have a mechanism or procedure in place for users to report fraudulent postings to the platform's operator. This mechanism must be displayed in a conspicuous place where it will likely come to the user's attention.
• Mandatory Policy on Fraudulent Job Postings:Job posting platforms must have a written policy for fraudulent publicly advertised job postings, which includes information about how the operator will address fraudulent posts. This policy must also be displayed in a conspicuous place on the platform. The platform must retain copies of the written policy for three years after it ceases to be in effect.

3. Placement of a Child Leave (to be determined)

Beginning on a date to be announced, employees who adopt a child or have a child through surrogacy are entitled to an unpaid leave of absence of up to 16 weeks.³ Employees must have 13 weeks of employment to be eligible. The 16-week leave can be divided among one or more employees.

Employees must give their employer two weeks' written notice before taking the leave, or if the leave begins sooner than expected, written notice must be provided within two weeks of leaving work. Employers may request reasonable evidence as appropriate.

Recap: Major ESA Changes in 2025

1. Job Seeking Leave (effective November 27, 2025)

Employees affected by a group termination involving 50 or more employees are entitled to 3 days of unpaid leave to "engage in activities related to obtaining employment, including job searches, interviews, and training."⁴ Whenever possible, employees must provide at least 3 days advance notice to their employers before commencing the leave.

2. Extended Lay-Offs (effective November 27, 2025)

An employer and employee may mutually agree in writing to an extended lay-off that is 35 weeks or more in a consecutive 52-week period.⁵ However, they cannot agree to an extended lay-off lasting 52 weeks or more within a consecutive 78-week period.

Before the agreement is entered into, the employer must provide, in writing, the intended latest recall date and notice of the ESA's new prescribed rule that the employee cannot withdraw from the agreement once it is made. The agreement must be approved by the Director of Employment Standards. Employers are required to retain copies of every extended lay-off agreement for three years, starting after the date approval expires.

3. Required Information for New Hires (effective July 1, 2025)

Businesses with at least 25 employees must give staff the following written details before their first day of work or as soon as possible afterwards: (1) the employer's legal name and any operating or business name if it is different from the legal name; (2) the employer's contact information, including address, telephone, and one or more contact names; (3) a general description of where the employee is anticipated to perform work; (4) the employee's applicable starting wage rate or commission; (5) the employee's pay period and pay day; and (6) a general description of the employee's anticipated hours of work.⁶

4. Group Termination Notice (effective July 1, 2025)

Employers must now include details about provincial employment services that are available to the affected employees when notifying them of a group termination.⁷

5. Long-Term Illness Leave (effective June 19, 2025)

Employees who have worked for at least 13 consecutive weeks may take up to 27 weeks of unpaid leave within a 52-week period if they're unable to perform their job due to a serious medical condition.⁸

A "qualified health practitioner" must provide a certificate confirming the condition and the expected period of absence resulting from the condition. If an employee takes any part of a week as long-term illness leave, the employer may count it as a full week of leave.

Long-term illness leave ends on the last day specified in the medical certificate. If the certificate is valid for 52 weeks or longer, the leave must end by the last day of the 52-week period that starts on either the first day of the week the certificate was issued or the first day of the week the employee stopped working due to the medical condition—whichever date comes first.

The Bottom Line

As Ontario moves into 2026, the Ontario government's Working for Workers agenda continues to reshape employment standards with new obligations for employers. Staying informed and proactive is critical to ensure compliance and mitigate risks in this evolving landscape.

Our thanks to Josh Isley, Articling Student, for his assistance with the preparation of this post.

Footnotes

1. O. Reg. 476/24, at ss. 1, 2(1), 3-5; Working for Workers Four Act, 2024, S.O. 2024, c. 3, at Sched. 2, ss. 2, 7(1); Working for Workers Five, 2024, S.O. 2024, c. 19, at Sched. 2, ss. 1, 2.

2. Working for Workers Seven Act, 2025, S.O. 2025, c. 13, at Sched. 2, ss. 1, 2, 3(2) ["Working for Workers Seven"].

3. Working for Workers Six Act, 2024, S.O. 2024, c. 41, at Sched. 1, s. 3 ["Working for Workers Six"].

4. Working for Workers Seven, at s. 4.

5. Ibid., at ss. 3(3), 7.

6. O. Reg 477/24 at s. 1.

7. O. Reg. 116/25, at s. 1.

8. Working for Workers Six, at s. 5.

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