Ontario employers who advertise publicly advertised job postings should prepare for major compliance changes beginning January 1, 2026. Ontario has introduced new requirements under O. Reg. 476/24 under the Employment Standards Act (ESA) that affect how job postings must be written and how hiring information must be disclosed.
These changes are designed to increase transparency in recruitment and hiring, including pay disclosure requirements and new limits on what employers can request from candidates.
Below is a clear summary of the key rules and exemptions employers should understand.
1. When do these new requirements take effect?
The rules take effect on January 1, 2026 and apply to employers who advertise publicly advertised job postings in Ontario.
2. Important exemption: Employers with fewer than 25 employees
The requirements will not apply to employers who employ fewer than 25 employees on the day the posting is posted.
For employers near the 25-employee threshold, this exemption may require careful monitoring because employee count on the posting date determines whether compliance is required.
3. Requirement to include expected compensation
Ontario employers will be required to include in a publicly advertised job posting:
- The expected compensation, or
- A range of expected compensation for the position
Special rule: If a range is included
If an employer provides a range, the range is limited to an amount equivalent to $50,000 per year or less.
Compensation rule does not apply if pay exceeds $200,000/year
This requirement does not apply if:
- The expected compensation is equivalent to more than $200,000 per year, or
- The compensation range ends at an amount equivalent to more than $200,000 per year
4. Requirement to disclose use of artificial intelligence in hiring
Employers must disclose in a publicly advertised job posting if artificial intelligence is used during the hiring process.
This will be especially important for employers that use AI tools for:
- Resume screening
- Candidate ranking
- Automated interview assessments
- Automated candidate selection tools
5. Prohibition against including “Canadian experience” requirements
Employers will be prohibited from including in a job posting or associated application form any requirement related to Canadian experience.
This is a major change that impacts how employers define minimum requirements and may require review of templates used in recruitment.
6. Requirement to disclose whether a vacancy exists
Employers must disclose in a publicly advertised job posting whether the posting is for an existing vacancy or not.
This requirement addresses concerns about job postings that may not represent a real current opening.
7. Requirement to provide information to interviewed applicants
If an employer interviews an applicant for a publicly advertised job posting, the employer must provide information to that applicant about whether a hiring decision has been made for that posting.
The information must be provided:
- Within 45 days after the date of the interview, or
- If interviewed more than once, within 45 days after the date of the last interview
Employers may provide this information:
- In person
- In writing
- Or using technology
8. Definitions matter: Key terms under O. Reg. 476/24
The regulation defines several key terms, including:
- Artificial intelligence
- Publicly advertised job posting
- Compensation
- Interview
Because compliance depends on these definitions, employers should ensure they understand what qualifies as a publicly advertised job posting under the regulation and whether a role falls within scope.
Practical compliance tips for employers
To prepare for January 1, 2026, employers should consider:
- Updating job posting templates to include compensation language
- Reviewing internal HR processes for AI use in hiring and ensuring disclosures are included
- Removing Canadian experience requirements from postings and application forms
- Adding vacancy disclosure language (vacancy exists or not)
- Implementing a process to notify interviewed candidates within the 45-day deadline
- Training hiring managers and recruiters on these new obligations
How NPZ can help
NPZ Law Group assists employers with HR compliance and immigration-related workforce planning. If you hire foreign workers or maintain recruitment processes connected to LMIA recruitment or foreign worker sponsorship, these new Ontario job posting rules may impact how job advertising and recruitment steps are structured.
We can assist with:
- Compliance review of job posting templates
- Legal review of hiring and recruitment procedures
- Risk mitigation planning
- Advisory support for cross-border and immigration-related recruitment processes
FAQ
1. When do Ontario’s job posting rules take effect?
They take effect on January 1, 2026.
2. Do these job posting requirements apply to small employers?
They do not apply to employers with fewer than 25 employees on the day the posting is posted.
3. Do employers need to include salary in job postings?
Yes. Expected compensation or an expected compensation range must be included, subject to the limits and exceptions in the regulation.
4. What is the $50,000 range limitation?
If a compensation range is provided, the range must be limited to an amount equivalent to $50,000 per year or less.
5. What is the rule about AI in hiring?
If an employer uses artificial intelligence during the hiring process, the employer must disclose that in the job posting.
6. Are employers allowed to require Canadian experience in job postings?
No. Employers are prohibited from including any requirement related to Canadian experience in a job posting or associated application form.
7. Do employers have to confirm whether a vacancy exists?
Yes. Employers must disclose whether the job posting is for an existing vacancy or not.
8. Do employers have to respond to candidates after interviews?
Yes. Employers must provide information to interviewed applicants about whether a hiring decision has been made within 45 days after the interview (or the last interview, if multiple).
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information