Upcoming Requirements For Job Postings Starting January 1, 2026

Introduction

In 2024, the Ontario legislature passed two workplace law amendment bills – Bill 149, Working for Workers Four Act, 2024,¹ and Bill 190, Working for Workers Five Act, 2024.² Collectively, Bill 149 and Bill 190 resulted in Part III.1 of the Employment Standards Act (the "ESA")³ and six new rules related to job postings and hiring new employees. This blog addresses the upcoming changes and how employers can prepare.

To What and To Whom Do These Requirements Apply?

The upcoming requirements apply to publicly advertised job postings for employers with 25 or more employees on the day the job posting is published online. As defined under Ontario Regulation 476/24: Rules and Exemptions Re Job Postings ("O. Reg 476/24"), a publicly advertised job posting is "an external job posting that an employer or a person acting on behalf of an employer advertises to the general public in any manner." ⁴ Publicly advertised job postings do not include:

• 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 current employees; and

• A posting for a position for which work is to be: (a) performed outside Ontario or (b) performed in and outside Ontario, and the work performed outside Ontario is not a continuation of the work performed in Ontario.

What Are the New Requirements?

Starting January 1, 2026, employers must:

1. Disclose the expected compensation or compensation range.

Employers must include the expected compensation or a range for the expected compensation in the publicly advertised job posting.⁵ If providing a range of expected compensation, this range must not exceed $50,000.00.⁶ This requirement is exempt for positions where the expected compensation exceeds, or the range of expected compensation ends at, $200,000.00 annually.⁷ To determine whether a position is above or below this limit, employers should consider non-discretionary bonuses and/or other monetary compensation that the employee is likely to earn in addition to the annual salary.

2. Not require Canadian experience.

Employers are prohibited from including any requirement(s) related to Canadian experience in the publicly advertised job posting or any related application form.⁸

3. Disclose the use of artificial intelligence.

Employers must disclose if they are using artificial intelligence to screen, assess, and/or select applicants in the publicly advertised job posting.⁹ Artificial intelligence is defined as "a machine-based system that, for explicit or implicit objectives, infers from the input it receives in order to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments."¹⁰

4. Disclose existing vacancy status.

Employers must include a statement in the publicly advertised job posting informing applicants whether the posting is for an existing vacancy.¹¹

5. Inform Interviewees about interview results.

Employers must inform the applicant whether a hiring decision has been made for the position.¹² This information must be provided within 45 days of the applicant's interview or last interview if there were multiple interviews. ¹³ This information can be provided in person, in writing, or through technology.¹⁴ Interview is defined as "a meeting in person or a meeting using technology, including but not limited to teleconference and videoconference technology, between an applicant who has applied for a publicly advertised job posting and an employer or a person acting on behalf of an employer where questions are asked and answers are given to assess the applicant's suitability for the position, but does not include preliminary screening before the selection of the applicant for such a meeting."¹⁵

6. Retain a copy of the job posting and information.

Employers must retain copies of every publicly advertised job posting and associated applications for 3 years after the posting is removed from public access.¹⁶ Employers must also retain a record of the information provided to interviewing applicants for 3 years after the interview.¹⁷

How Can Employers Prepare To Ensure Compliance With These Requirements?

To prepare for this transition, employers can:

1. Inform employees involved in the hiring process about the new requirements.
2. Determine if and how artificial intelligence is used in the hiring process.
3. Develop a clear compensation range for common positions and determine to which positions the new requirements will and will not apply.
4. Review current job posting templates to ensure compliance. Briefly, this includes:
   1. Adding the compensation or a range of compensation;
   2. Eliminating any requirement of Canadian work experience;
   3. Adding a statement addressing whether the posting is for a current or future position; and
   4. Adding a statement regarding the use of artificial intelligence (if it is used to screen, assess, or select applicants).
5. Implement a process to ensure timely communication of hiring decisions to applicants who interviewed for the position.
6. Implement a process to retain copies of publicly advertised job postings and the information provided to applicants during the interview. This may include creating a script for the information that will be provided during the interview.

Footnotes

1. Hon. David Piccini, "Bill 149, Working for Workers Four Act, 2024," Legislative Assembly of Ontario[Bill 149].

2. Hon. David Piccini, "Bill 190, Working for Workers Five Act, 2024," Legislative Assembly of Ontario[Bill 190].

3. Employment Standards Act, 2000, SO 2000, c 41, s. 2(1) [ESA].

4. Ontario Regulation 476/24: Rules and Exemptions Re Job Postings [O. Reg 476/24].

5. ESA, supra note 3, s. 8.2.

6. O. Reg 476/24, supra note 4, s. 4.

7. O. Reg 476/24, supra note 4, s. 3.

8. ESA, supra note 3, s. 8.3.

9. ESA, supra note 3, s. 8.4.

10. O. Reg 476/24, ibid note 4, s. 2.(1).

11. ESA, supra note 3, s. 8.5.

12. ESA, supra note 3, s. 8.6.

13. O. Reg 476/24, supra note 4, s. 5.

14. Ibid.

15. O. Reg 476/24, supra note 4, s. 2.(2).

16. ESA, supra note 3, s. 15(7.1).

17. ESA, supra note 3, s. 15(7.1.1).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.