Upcoming changes to job posting requirements for Ontario employers

With 2025 rapidly coming to a close, we wanted to remind employers of upcoming changes to the Ontario Employment Standards Act (ESA) that will change their obligations regarding publicly advertised job postings.  

These changes will not apply to general recruitment campaigns not advertising a specific position, a general help-wanted sign that does not advertise a specific position, postings restricted to existing employees, or postings for work performed outside of Ontario. These changes specifically apply to employer with 25 employees or more. 

As of Jan. 1, 2026, employers cannot:  

• Include any requirements related to Canadian experience in a publicly advertised job posting or any associated application form.  

  • Note that including requirements for Canadian experience could also result in breaches of the Ontario Human Rights Code (code) because of the connection to various protected grounds (race, ancestry, colour, place of origin and/or ethnic origin).  

  • Note that this does not preclude employers from asking job applicants if they are legally entitled to work in Canada, nor does it preclude employers from making legal entitlement to work in Canada a condition of an employee’s continued employment.  

Job postings require compensation information 

As of Jan. 1, 2026, employers must:  

Include the expected compensation or a range of expected compensation for the role in the publicly advertised job posting: 

• Unless the expected compensation is going to be $200,000 or more (or the range will end in compensation of $200,000 or more). 

• The range for the expected compensation cannot be more than $50,000 (for example, $50,000 - $100,000) 

• Note that compensation includes salary and other monetary remuneration payable to employees in their employment contract, payments required by the ESA, allowances for room and board, and non-discretionary bonuses . 

Include a statement disclosing the use of artificial intelligence (AI) in the job posting if the employer is using AI to screen, assess or select applicants. 

• Note that there have been concerns of discrimination resulting from the use of AI in the job recruitment process, which means that using AI in the job recruitment process could result in breaches of the code.    

Include a statement in the job posting about whether the posting is for an existing vacancy or not. 

Inform applicants 45 days after their last interview as to whether a hiring decision has been made in respect of the job posting: 

• This can be done verbally, in writing, or using technology, but should be done in writing because of the retention requirements set out below.  

Retain copies of every job posting and any associated application for three years after the posting is taken down.  

Retain copies of their communication to applicants about whether a hiring decision has been made in respect of the job posting for three years after the day the information was provided to the applicant. 

Ontario employers should take note of these changes and work with their employees that are involved in the recruitment and hiring process to ensure that their practices will align with these obligations for Jan. 1, 2026.  

Jessica Herfst is an employment lawyer at Turnpenney Milne in Toronto.