Ontario employers should be aware of new job posting rules taking effect January 1, 2026. These changes were introduced through the Working for Workers Four Act, which amends the Employment Standards Act, 2000 [ESA]. These legislative amendments build on changes already in effect, which we have covered in earlier blogs on the Working for Workers Four Act and the Working for Workers Five Act. As Ontario employers look ahead to 2026, key compliance updates are on the horizon, particularly in the areas of job postings and employee information disclosure. Below is a summary of the upcoming requirements and what they mean for your organization.

What Counts as a “Publicly Advertised Job Posting”?

Under the ESA, a “publicly advertised job posting” is defined as any external job posting shared with the general public in any format. It includes job postings made by both the employer or by parties working on behalf of the employer and applies to job postings made “in any manner”.

This definition does not include:

• General recruitment campaigns or signs, such as “help wanted” signs that don’t mention a specific position;
• Postings limited to internal candidates; or
• Postings for roles performed exclusively outside Ontario or partially outside Ontario where the work outside Ontario is not a continuation of work performed within the province.

New Requirements Starting January 1, 2026

The new requirements will apply only to employers with 25 or more employees on the day a job posting is publicly advertised. Employers who meet the 25-employee threshold will need to ensure their job postings meet the following requirements:

• Compensation Disclosure: Each publicly advertised job posting must include either the expected wage or salary or a salary range. If a range of compensation is being included, the spread between the minimum and maximum must not exceed $50,000 annually. This requirement doesn’t apply if the position pays over $200,000 annually.

• Ban on Canadian Experience Requirements: Employers can no longer include requirements for “Canadian experience” in either job postings or application forms.

• Disclosure of AI Use: If an employer uses artificial intelligence to screen or assess applicants, the posting must include a statement disclosing that AI is being used.

• Vacancy Status Disclosure: Job postings must state whether they relate to an existing vacancy.

• Applicant Notification Requirement: If an applicant is interviewed, the employer must inform them whether a hiring decision has been made within 45 days of the final interview. This communication can be in person, in writing, or by digital means.

• Recordkeeping: Employers must retain copies of each publicly advertised job posting, along with any related application forms, for three years after the posting is no longer accessible to the public.

Takeaways

1. Start Preparing Now: Although these changes don’t take effect until 2026, employers should review current job posting templates and hiring policies to ensure timely compliance with new legal requirements.
2. Implement Workplace Training: Employers should provide timely training to employees on the upcoming legislative changes to ensure they understand relevant updates to employment standards and how these may affect workplace policies or practices.
3. Review AI Practices: If your hiring process includes AI tools, make sure your team is ready to comply with mandatory disclosure rules, and keep up with future developments on this evolving issue.

This blog is provided as an information service and summary of workplace legal issues.

This information is not intended as legal advice.