New changes to the Ontario Employment Standards Act, 2000 (ESA) came into effect on January 1, 2026. These updates introduce additional rules governing job postings in Ontario, aimed at improving transparency and making the job market easier to navigate.
These changes apply only to organizations that employ 25 or more employees and to “publicly advertised job postings,” meaning postings that target a specific position rather than general recruitment efforts.
The changes do not apply to:
- General recruitment campaigns
- General “help wanted” signage
- Internal job postings
- Positions performed outside of Ontario
Summary of Key Changes
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Postings Must Include Expected Compensation
Public job postings must include either the expected compensation or a compensation range. The range cannot exceed $50,000. Employers are not required to disclose compensation if the position pays more than $200,000 per year, or if the top end of the range exceeds $200,000 annually.
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Postings Cannot Require Canadian Experience
Employers are prohibited from requiring “Canadian experience” in job postings, applications, or related hiring materials.
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Postings Must Disclose the Use of Artificial Intelligence
Employers must disclose whether artificial intelligence (AI) is used at any stage of the hiring process.
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Postings Must Confirm Whether a Vacancy Exists
Employers must indicate whether an actual vacancy exists. This is intended to increase transparency where employers are collecting applications for potential future openings.
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Employers Must Notify Applicants of Hiring Decisions
If an applicant is interviewed, the employer must inform them whether a hiring decision has been made. This notification must be provided in writing or digitally within 45 days of the final interview.
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Employers Must Retain Application Records
Employers are required to retain copies of every publicly advertised job posting and associated application form for three years after public access to the posting is removed.
What This Means for Job Seekers
These changes are intended to make the job search process more transparent and equitable:
- Compensation disclosure is now mandatory in most public job postings
- Job postings are more inclusive, as Canadian experience requirements are prohibited
- The hiring process is more predictable, with required follow-up timelines
- Applicants have greater transparency regarding the use of AI in hiring
What This Means for Employers
Employers must take steps to ensure compliance with the new requirements:
- Align compensation structures and include this information in job postings
- Update job posting templates and train hiring managers on the new rules
- Adjust record-keeping practices to meet the three-year retention requirement
- Implement processes to ensure applicants are notified of hiring decisions within 45 days
Do you have more questions about the changes to the ESA? Contact our team of expert employment lawyers and book a meeting today.
More Resources:
- Recent Changes to The ESA
- Working for Workers Four Act
- The Working for Workers Five Act
- The Working for Workers Seven Act
- Ontario Regulation 476/24: Rules and Exemptions Re Job Postings
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
