Starting January 1, 2026, pursuant to the Working for Workers Four Act, 2024 and Working for Workers Five Act, 2024, significant amendments to Ontario’s Employment Standards Act (ESA) will come into effect, specifically targeting how employers handle publicly advertised job postings. These new rules are part of a broader push to increase transparency, fairness, and accessibility in the hiring process. The new requirements apply only to employers with 25 or more employees on the day a publicly advertised job is posted. Employers with fewer than 25 employees are exempt from these obligations
In this article:
What Counts as a Publicly Advertised Job Posting
New Disclosure Requirements for Employers
Prohibition on Requiring “Canadian Experience”
Disclosure of AI Use in Hiring
Employer Obligations for Applicant Communication
Preparing for the 2026 ESA Changes
What Counts as a Publicly Advertised Job Posting
A “publicly advertised job posting” refers to any external job ad made available to the general public, whether through job boards, websites, social media, or other public channels. However, certain postings are excluded. These include general recruitment campaigns that don’t reference a specific job, general “Help Wanted” signs, internal job postings limited to current employees, and postings for jobs that are performed entirely outside Ontario—or partially outside the province where the out-of-province work is not a continuation of Ontario-based work.
New Disclosure Requirements for Employers
Employers subject to the new rules must ensure that job postings include specific information. First, they are required to disclose the expected compensation or a range of expected compensation for the position. If a salary range is provided, the salary difference between the bottom and the top of the range cannot differ by more than $50,000 annually (e.g. $60,000 to $110,000). That said, this requirement does not apply if the job’s compensation is $200,000 or more per year, or if the top of the range meets or exceeds $200,000.
Prohibition on Requiring “Canadian Experience”
In a move to support greater workforce inclusivity, the law also prohibits employers from requiring “Canadian experience” in any job posting or associated application form.
Disclosure of AI Use in Hiring
Another critical requirement involves the use of artificial intelligence in hiring. If an employer uses AI tools to screen, assess, or select applicants, they must include a clear statement disclosing that AI is part of the hiring process. Additionally, job postings must state whether they are for an existing vacancy or not. The government has also reserved the right to prescribe further mandatory disclosures through future regulations, so employers should stay informed about ongoing developments.
Employer Obligations for Applicant Communication
Finally, the amendments establish a new obligation for communication with applicants. If an employer interviews someone for a publicly advertised position, they must notify that applicant of the hiring decision within 45 days of the interview, or within 45 days of the final interview if there are multiple rounds. The notification can be provided in person, in writing, on the phone or online but it must be delivered within the specified timeframe.
Preparing for the 2026 ESA Changes
These upcoming changes mark a significant shift in how job advertisements must be handled in Ontario. Employers should begin reviewing and updating their job posting templates, hiring procedures, and applicant communication practices well in advance of the January 1, 2026, implementation date. By preparing early, organizations can ensure full compliance while also fostering more inclusive and transparent hiring practices. For any questions please do not hesitate to contact our team, we would be happy to assist you.
Written by Preksha Mehta
