If your business operates or hires in Ontario, you need to be aware that new rules will apply to job postings for Ontario positions as of January 1, 2026. Rules relating to job postings were put into law by the Working for Workers Five Act, 2024, and which we wrote about in our previous blog post found here. That Act contained some pieces which are already in effect, including changes to the Occupational Health and Safety Act.
As of January 1, 2026, employers will also need to comply with requirements related to job postings. Namely, as of that date employers will be required to:
- Disclose, via a statement in the job ad, the expected compensation for the position or the range of expected compensation for the position.
- Whether there is an existing vacancy in the workplace or not in respect of the position.
- Disclose if the employer uses AI to screen applicants in respect of the position.
The legislation provides that the Ontario Government may, through regulations, include additional requirements for publicly posted job ads. We would advise that employers in Ontario keep an eye on the requirements especially after January 1, 2026, as there is a chance that requirements may change. The Ontario Government has specifically reserved the right to define via regulation what constitutes an interview and what constitutes compensation for the purposes of publicly posted job ads.
The legislation further prohibits employers from requiring Canadian experience in job postings. Essentially, employers are permitted to ask for a certain level of experience but will not be permitted to require that such experience is earned in Canada as opposed to outside of Canada.
Employers will also be required to inform any applicant to a publicly posted job ad whom the employer has interviewed on the outcome of their application. According to the legislation the Ontario Government will provide a timeline and further information on what the employer must provide to any such applicant.
Finally, employers will be required to retain records relating to the job posting and any job applicant for a period of three years, with additional details to follow once legislation is adopted. The three-year period applies from the date that the public posting is taken down by the employer.
At Bridge Legal & HR Solutions we can help you untangle and understand the web of obligations that applies to your employment relationships. To find out how we can help, contact us through our contact form or call us at 647-794-5442.
