Ontario Job Posting Requirements 2026: Complete Compliance Checklist
Every requirement Ontario employers must meet in job postings as of January 1, 2026 — salary disclosure, AI transparency, vacancy statements, and penalties.
On January 1, 2026, Ontario's new job posting rules under the Employment Standards Act, 2000 (ESA) took effect. The amendments — introduced through the Working for Workers Four Act, 2024 (Bill 149) and the Working for Workers Five Act, 2024 (Bill 190) — add Part III.1 to the ESA and create six distinct obligations for employers who advertise positions publicly.
This guide covers every requirement, who it applies to, and what happens if you don't comply.
Which Employers Are Covered?
These rules apply to any employer with 25 or more employees on the day the job posting is made (O. Reg. 476/24, s. 1). The count includes all Ontario-based workers: full-time, part-time, probationary, on leave, and laid off.
A few important details:
- Related employers (commonly controlled businesses) are treated as a single employer for the 25-employee threshold.
- Temporary help agencies count assignment employees toward the agency's total, not the client's.
- The Crown and Crown agencies are exempt.
The requirements apply to "publicly advertised job postings" — meaning postings directed at the general public. Internal postings, general recruitment campaigns, and positions located outside Ontario are excluded.
Compensation Disclosure
Every publicly advertised job posting must include the expected compensation for the position, or a range of expected compensation (ESA s. 8.2).
If you provide a range, the gap between the minimum and maximum cannot exceed $50,000 per year (O. Reg. 476/24, s. 4). A posting that lists "$60,000–$95,000" is compliant. A posting that lists "$50,000–$120,000" is not.
If the role involves multiple compensation types — say, an hourly wage plus commission — each type must be disclosed separately. You do not need to provide a detailed breakdown of the compensation structure.
Exemption: If the expected compensation or the top of the range exceeds $200,000 per year, the disclosure requirement does not apply (O. Reg. 476/24, s. 3). For a deeper look at salary range rules, see our Ontario Salary Disclosure Guide.
AI Disclosure in Hiring
If you use artificial intelligence to screen, assess, or select applicants, the job posting must say so (ESA s. 8.1).
The regulation defines AI broadly: "a machine-based system that... infers from the input... to generate outputs such as predictions... that can influence... environments" (O. Reg. 476/24, s. 2(1)). In practice, this covers ATS keyword scoring, resume ranking algorithms, automated screening tools, and AI-assisted shortlisting — whether built in-house or provided by a third-party vendor.
A simple statement is sufficient. The regulation does not require you to name the specific tool, describe how it works, or explain its decision-making process.
Example disclosure: "This employer uses artificial intelligence to assist with the screening of applicants for this position."
Vacancy Statement
Each posting must include a statement disclosing whether the position is for an existing vacancy (ESA s. 8.5).
If the vacancy exists, say so. If it does not — for example, you're building a talent pipeline or exploring market interest — say that instead. The ESA does not require you to fill the role if a vacancy does exist.
Example (vacancy exists): "This posting is for an existing vacancy."
Example (no vacancy): "This posting is not for an existing vacancy. It is being used to build a candidate pipeline for future openings."
Canadian Experience Ban
Employers cannot require Canadian experience in a publicly advertised job posting or any associated application form (ESA s. 8.3). This includes Canadian work experience, Canadian educational credentials, and Canadian professional networks.
The prohibition does not override professional licensing requirements. If a regulatory body requires Canadian credentials for licensure, that remains valid. But a general preference for "Canadian experience" in a job ad is no longer permitted.
Post-Interview Applicant Notification
After interviewing an applicant, employers must inform them within 45 days whether a hiring decision has been made for the position (ESA s. 8.6; O. Reg. 476/24, s. 5). If the applicant was interviewed more than once, the 45-day clock starts from the date of the last interview.
"Interview" here means a substantive assessment of the applicant's suitability — not a preliminary phone screen or automated questionnaire.
Notification can be delivered in person, in writing, or through technology (email, applicant portal, etc.). The obligation applies to interviews conducted on or after January 1, 2026.
Record-Keeping Requirements
Employers must retain copies of the following for three years (ESA, Part III.1 as amended by Bill 190):
- All publicly advertised job postings
- Associated application forms
- Records of post-interview notifications sent to applicants
Maintain these records in a format that can be produced for inspection if the Ministry of Labour requests them.
Penalties for Non-Compliance
The Ministry of Labour, Immigration, Training and Skills Development enforces these rules. Complaints can be filed at PubliclyAdvertisedJP@ontario.ca.
Enforcement tools include compliance orders, administrative penalties, and prosecution under the Provincial Offences Act. Maximum fines:
| First Offence | Second Offence | Third+ Offence | |
|---|---|---|---|
| Individual | $100,000 and/or 12 months imprisonment | $100,000 and/or 12 months imprisonment | $100,000 and/or 12 months imprisonment |
| Corporation | $100,000 | $250,000 | $500,000 |
These maximums were increased from $50,000 by the Working for Workers Acts. The Working for Workers Seven Act, 2025 (Bill 30) may introduce additional administrative penalty mechanisms.
Compliance Checklist
Use this checklist to review every posting before it goes live:
- Compensation disclosed — Expected pay or range included; range spread is $50,000 or less (unless exempt above $200,000)
- AI use disclosed — Statement included if AI is used to screen, assess, or select applicants
- Vacancy status stated — Posting says whether it's for an existing vacancy or not
- No Canadian experience requirement — Posting and application form do not require Canadian work experience, education, or networks
- Notification process ready — System in place to notify interviewed applicants within 45 days of their last interview
- Records retained — Posting, application forms, and notification records stored for 3 years
Need to check a posting quickly? Run it through ZipCheck for an instant compliance review against all Ontario requirements.
Legislative Sources
- Ontario ESA Guide — Requirements Related to Publicly Advertised Job Postings
- Ontario Regulation 476/24
- Bill 149 — Working for Workers Four Act, 2024
- Employment Standards Act, 2000 (full text)
This guide is for informational purposes and does not constitute legal advice. For questions about how these requirements apply to your organization, consult an employment lawyer licensed in Ontario.