Ontario Salary Disclosure Requirements: What Employers Need to Know

Ontario's Working for Workers Acts (Bills 149 and 190) added compensation disclosure requirements to the Employment Standards Act (ESA Part III.1). The detailed rules are set out in O. Reg. 476/24. If you're hiring in Ontario, here's what the law actually requires.

For the full picture of all job posting obligations — including vacancy statements, the Canadian experience ban, and applicant notification — see our Ontario Job Posting Requirements 2026 overview.

Who Must Comply

These requirements do not apply to every employer. Under O. Reg. 476/24, s. 1, compensation disclosure applies to employers with 25 or more employees in Ontario. The count includes:

• Full-time and part-time workers
• Employees on probation
• Employees on leave (parental, sick, etc.)
• Employees who have been laid off

If your organization has fewer than 25 employees in Ontario, the compensation disclosure rules do not apply to you — though other parts of ESA Part III.1 (such as the Canadian experience ban) still do.

What You Must Disclose

For every publicly advertised job posting, covered employers must include the expected compensation or a compensation range (ESA s. 8.6).

The $50,000 Range Cap

This is the requirement most employers get wrong. Under O. Reg. 476/24, s. 4, a posted compensation range cannot exceed a $50,000 spread. For example:

• Compliant: $65,000 – $90,000 (spread of $25,000)
• Compliant: $80,000 – $130,000 (spread of $50,000)
• Non-compliant: $40,000 – $120,000 (spread of $80,000)

A posting that lists "$40,000 – $120,000" violates the regulation and exposes your organization to enforcement action.

The $200,000 Exemption

Under O. Reg. 476/24, s. 3, compensation disclosure is not required if:

• The expected compensation exceeds $200,000 per year, or
• The upper end of the range exceeds $200,000 per year

This exemption applies to the compensation amount only. Other posting requirements (AI disclosure, vacancy statement) still apply to these roles.

What Counts as Compensation

The regulation covers wages, salary, and commissions. If the role is hourly, you can disclose an hourly rate or range — the $50,000 cap applies to the annualized equivalent. For commission-based roles, disclose the expected compensation structure clearly enough that a candidate understands the earning range.

AI Screening Disclosure

If artificial intelligence is used at any stage of the hiring process for the position, you must state this in the posting (ESA s. 8.4). This covers:

• ATS keyword scoring and matching
• Automated resume ranking or filtering
• AI-assisted candidate screening or shortlisting
• Third-party recruitment tools that use AI

The law does not prescribe specific wording. A straightforward statement such as "This hiring process uses artificial intelligence to screen applications" is sufficient.

Other Requirements at a Glance

ESA Part III.1 introduced several other job posting obligations beyond compensation. These apply to all employers regardless of size (the 25-employee threshold is specific to compensation disclosure):

• Vacancy statement — postings must confirm that a real vacancy exists (ESA s. 8.3)
• Canadian experience ban — you cannot require Canadian work experience as a qualification (ESA s. 8.5)
• Post-interview notification — applicants who are interviewed must be notified of the hiring decision within 45 days of the interview (ESA s. 8.8)
• Record-keeping — employers must retain copies of all publicly advertised job postings for 3 years after the posting is removed (ESA s. 8.9)

For detailed guidance on each of these, see Ontario Job Posting Requirements 2026.

Penalties for Non-Compliance

Enforcement is handled by the Ministry of Labour. Penalties under the ESA include:

• Individuals (directors, officers): Fines up to $100,000 and/or up to 12 months imprisonment
• Corporations: Fines ranging from $100,000 to $500,000

These are maximum penalties. In practice, the Ministry typically issues compliance orders before pursuing prosecution, but repeat or wilful violations carry serious risk.

Common Compliance Mistakes

Ranges That Are Too Wide

Before O. Reg. 476/24, some employers posted ranges like "$50,000 – $150,000" thinking any range satisfied the requirement. It does not. Audit every active posting to ensure no range exceeds a $50,000 spread.

Forgetting the AI Disclosure

Many organizations use ATS platforms with built-in AI features (automated ranking, keyword matching) without realizing it. Check with your ATS vendor whether their product uses AI — if it does, your postings need the disclosure.

Assuming the Rules Apply to Everyone (or No One)

The 25-employee threshold applies specifically to compensation disclosure. Other requirements — the vacancy statement, Canadian experience ban, and AI disclosure — apply broadly. Do not assume full exemption based on headcount.

How to Check Your Postings

Use ZipCheck to scan your job postings against Ontario's requirements. Paste your posting text and get a pass/fail result with specific fix suggestions in seconds — compensation range validation, AI disclosure checks, and more.

Key Takeaways

1. Compensation disclosure applies to employers with 25+ employees in Ontario
2. Salary ranges must not exceed a $50,000 spread (O. Reg. 476/24, s. 4)
3. Roles paying above $200,000 are exempt from compensation disclosure
4. AI disclosure is required if any automated tools are used in screening
5. Retain posting records for 3 years after removal
6. Maximum penalties reach $500,000 for corporations