Since January 1, 2026, Ontario employers with 25 or more employees have new obligations every time they publicly advertise a job. The rules come from Ontario’s Employment Standards Act, 2000 (ESA) and its job-posting regulation, and they apply whether you post on your own website, a job board or through a staffing agency. Here is a plain-language summary of what a posting must now include, what it must not include, and what happens after the interview.
Who the rules apply to
The requirements apply to employers with 25 or more employees on the day a publicly advertised job posting goes up. A “publicly advertised job posting” is an external posting for a specific position, in Ontario, that the general public can see. General “help wanted” signs that do not name a specific position, internal-only postings and positions performed entirely outside Ontario are not covered.
What every public job posting must include
- Expected compensation or a compensation range. The range cannot be wider than $50,000 per year. Roles paying more than $200,000 a year are exempt from the compensation disclosure.
- A statement on artificial intelligence. If AI is used to screen, assess or select applicants for the position, the posting must say so. A detailed description of the tool is not required, only the fact that AI is used.
- Whether the posting is for an existing vacancy. An existing vacancy means a position that is imminently available for a qualified candidate to fill. If you are collecting resumes for future openings, the posting must say that it is not for an existing vacancy.
What a posting must not include
Employers are prohibited from including any requirement related to “Canadian experience” in a public job posting or in the application form that goes with it. This covers Canadian work experience, Canadian education credentials and Canadian professional networks. Requirements set by a professional regulator, such as a licence to practise, are still allowed.
After the interview: the 45-day follow-up
If you interview an applicant for a publicly advertised position, you must tell them whether a hiring decision has been made within 45 days after the interview (or after the last interview, if there was more than one). The update can be given in person, in writing or through technology, such as an email, a phone call or an applicant portal. A preliminary screening call held before deciding who to interview does not count as an interview.
Record keeping
Keep a copy of every public job posting and any associated application form for three years after the posting is taken down. Keep a record of the information you gave each interviewed applicant for three years after you provided it.
Why it matters
The Ministry of Labour, Immigration, Training and Skills Development can issue compliance orders and monetary penalties, and can prosecute. Under the ESA, individuals face fines of up to $100,000 or up to 12 months in prison, and corporations face fines of $100,000 for a first conviction, $250,000 for a second and $500,000 for a third or subsequent conviction.
What this means for employers
Before you post, check four things: is a compensation range shown and is it no wider than $50,000 a year; does the posting state whether AI is used in screening; does it say whether the vacancy exists today; and has every mention of “Canadian experience” been removed from the posting and the application form. Then set a calendar reminder for the 45-day follow-up on every candidate you interview.
What this means for job seekers
You should see a pay range on most Ontario postings, you should know whether a company is using AI to screen applications, and you cannot be turned away from a posting for lacking Canadian experience. If you are interviewed, you are entitled to hear back within 45 days.
How We Staff Canada helps
Every role on the We Staff Canada job board shows a pay range, states that it is an existing vacancy and confirms that applications are reviewed by our recruiters, not by artificial intelligence. We never ask for Canadian experience. When you hire through us, we write and post the role in line with these rules, screen every applicant ourselves and keep the required records. To get started, request staff or call 1-888-833-2820 and a recruiter will follow up.
This article is general information about Ontario legislation as published by the Government of Ontario. It is not legal advice. For advice about your situation, speak with an employment lawyer or contact the Ministry of Labour, Immigration, Training and Skills Development.