As of January 1, 2026, new changes to the Ontario Employment Standards Act, 2000 (the “ESA”) have come into effect. These changes arise from the Working for Workers Four Act, the Working for Workers Five Act, the Working for Workers Seven Act, and Ontario Regulation 467/24 (Rules and Exemptions re Job Postings).
This post provides a practical summary of key legislative changes impacting employees and employers in Ontario.
Scope
The new changes under the ESA apply to:
Employers with 25 or more employees in Ontario on the day a publicly advertised job posting is posted.
“Publicly advertised job postings” meaning external postings advertised to the general public in any manner, but excludes:
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- A general recruitment campaign that does not advertise a specific position;
- General “help-wanted” signs that don’t advertise a specific position;
- Internal postings; and,
- Postings for positions where the work will be performed outside Ontario, or mixed inside/outside Ontario where the outside‑Ontario work is not a continuation of Ontario work.
New Requirements for Employers
Mandatory Compensation Disclosure in Job Postings
Every publicly posted job posting must now include information about expected compensation, or the range of expected compensation for the position. If the employer provides a range of compensation, the range cannot exceed $50,000.00, unless the upper end of the expected compensation range is more than $200,000.00 annually.
Prohibition on Requiring “Canadian Experience”
Publicly-advertised job postings, and any associated application form, cannot require applicants to have “Canadian experience”, and any references to requiring “Canadian experience” in job postings must be removed.
Disclosure of Use of Artificial Intelligence in Hiring Process
Employers who use artificial intelligence in their hiring process must disclose whether artificial intelligence is used to screen, assess, or select applicants.
Ontario Regulation 467/24 (Rules and Exemptions re Job Postings) defines artificial intelligence as “a machine-based system that, for explicit or implicit objectives, infers from the input it receives to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.” Meaning that employers who use tools such as automated resume-screening and candidate ranking tools must disclose this information in their job postings.
Mandatory Post-Interview Notifications
Where candidates are interviewed for a publicly advertised posting, the employer is now required to inform every interviewed candidate about whether a hiring decision has been made for the posting within forty-five days of the interview or final interview. The employer must give all candidates this notification either in person, in writing, or by technology (e-mail, for example).
Record-Keeping Obligations
Employers are also now required to keep copies of every publicly advertised job posting and application form for a period of three years. They are also required to keep records of the notices that were provided to candidates who were interviewed for three years.
Practical Implications for Employers
From an employer‑compliance perspective, the implications are significant:
- Job posting templates and workflows must be redesigned to comply with these changes.
- Compensation strategy will be more visible and should be internally aligned.
- Artificial intelligence tools must be identified and mapped. Any résumé‑screening, candidate‑ranking, or automated assessment software that meets the ESA’s definition of artificial intelligence must be disclosed in postings.
- Recruitment process discipline is required to meet the 45‑day notification rule for interviewed candidates. Employers will need processes (and possibly applicant tracking system changes) to ensure all interviewed candidates receive a communication about whether a hiring decision has been made within 45 days of their last interview.
- Record‑keeping systems must be updated, to ensure that the employer can retain and retrieve, for three years, copies of postings, application forms and candidate decision notifications.
Practical Implications for Employees and Job-Seekers
From the employee/job‑seeker perspective, the 2026 ESA changes are intended to:
- Increase pay transparency by requiring compensation disclosure in postings.
- Enhance fairness and predictability in hiring through mandatory decision‑notifications within 45 days of interviews, reducing “ghosting” of candidates.
- Limit barriers for candidates with international experience by prohibiting “Canadian experience” requirements in postings.
- Provide transparency about algorithmic decision‑making by requiring disclosure of artificial intelligence use in screening or assessing applicants.
Questions About Employment Law in Ontario?
If you are an employee or employer looking for employment law advice in Ottawa or Ontario, please don’t hesitate to contact our Employment Law team at Mann Lawyers.
This blog post was written by Lori Philpott, a member of the Employment Law team. Lori can be reached at 613-369-0382 or at lori.philpott@mannlawyers.com.
