New Ontario Employment Standards Act (“ESA”) rules regarding publicly advertised job postings come in force on January 1, 2026.[1] This briefing note summarizes the new rules. For more information and/or assistance, contact your Sherrard Kuzz LLP lawyer or info@sherrardkuzz.com.
To Whom do the New Rules Apply?
The new rules apply to an employer with 25 or more employees in Ontario on the day the job is posted.
To What do the New Rules Apply?
The new rules apply to a “publicly advertised job posting,” meaning “an external job posting that an employer or a person acting on behalf of an employer advertises to the general public.”
The new rules do not apply to a:
- General recruitment campaign or help wanted sign that does not advertise for a specific position
- Job posting restricted to internal employees, or
- Job posting for work performed outside Ontario.
Job Posting Rules
a. Expected Compensation
The job posting must include the expected compensation (“wages” as defined under the ESA), or compensation range for the position, and the range cannot exceed the equivalent of $50,000 annually. Expected compensation is not required if the position has expected compensation of greater than $200,000 annually (including if the top end of a range is equivalent to more than $200,000 annually).
b. Disclosure Requirements
The job posting must disclose whether:
- Artificial intelligence[2] is used to screen, assess or select applicants, and
- The posting is for an existing vacancy (as opposed to creating a “pool” of applicants for future vacancy).
c. Duty to Inform
Within 45 days of an interview (or the last interview if there has been more than one), an employer must inform an interviewed applicant whether a hiring decision has been made. This information can be provided in person, electronically, or “using technology.”
“Interview” is defined as a meeting between an applicant who has applied to a publicly advertised job posting and an employer (or person acting on behalf of an employer, such as a recruiter), where questions are asked, and answers are given to assess the applicant’s suitability for the position. However, interview does not include a preliminary screening before the selection of an applicant for an interview.
d. Ban on Requirement for Canadian Experience
An employer will be prohibited from requiring “Canadian experience” on a publicly advertised job posting or any associated application form. However, an employer may seek confirmation an applicant has the credentials required to work in Ontario (e.g., a license).
e. Record Keeping
An employer must retain a copy of every publicly advertised job posting and associated application form for three years after public access to the posting is removed.
Next Steps
- Review job posting content to ensure compliance with the new rules.
- Train hiring personnel.
- Implement record-keeping procedures.
To learn more and for assistance, contact your Sherrard Kuzz lawyer or info@sherrardkuzz.com.
The information contained in this article is provided for general information purposes only and does not constitute legal or other professional advice, nor does accessing this information create a lawyer-client relationship. This article is current as of November 2025 and applies only to Ontario, Canada, or such other laws of Canada as expressly indicated. Information about the law is checked for legal accuracy as at the date the presentation/article is prepared but may become outdated as laws or policies change. For clarification or for legal or other professional assistance please contact Sherrard Kuzz LLP.
[1] Employment Standards Act, 2000, SO 2000, c 41, Part III.1; O Reg 476/24: Rules and Exemptions Re Job Postings.
[2] 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.”