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As of January 1, 2026, a significant set of amendments to the Employment Standards Act, 2000 [ESA]introduced through Ontario's Working for Workers framework is now fully in force. These measures reinforce a broader legislative shift toward greater regulation of recruitment practices and the infrastructure that supports them.
Job Posting and Hiring Transparency Requirements
As of the beginning of the year, employers with 25 or more employees must now comply with a suite of obligations governing publicly advertised job postings.
"Publicly advertised job postings" do not include:
- General recruitment campaigns or signs, such as "help wanted" signs that don't mention a specific position;
- Postings limited to internal candidates; or
- Postings for roles performed exclusively outside Ontario or partially outside Ontario where the work outside Ontario is not a continuation of work performed within the province.
Covered job postings must meet the following requirements:
- Compensation Disclosure: Job postings must
include expected compensation or a compensation range, subject to
defined exemptions. If a compensation range is used, the spread
between the minimum and maximum must not exceed $50,000 annually.
This requirement also does not apply if the position pays over
$200,000 annually.
- Practical Note: For example, a position with a salary range of $160,000 and $210,000 would not require disclosure.
Additionally,while the ESA permits relatively broad ranges, overly wide compensation bands provide limited operational benefit, and tend to be viewed as misleading by potential candidates. Narrower, role-specific ranges are often more effective for managing expectations and better reflect the transparency objectives of the legislation.
- Disclosure of AI Use: Employers must disclose whether artificial intelligence is used to screen, assess, or select applicants.
- Vacancy Status Disclosure: Job postings must state whether they relate to an existing vacancy.
- Ban on Canadian Experience Requirements: Employers may not include requirements for "Canadian experience" in job postings or application forms.
- Recordkeeping: Employers must retain copies of publicly advertised job postings and prescribed application records for three years.
- Applicant Notification: Employers must notify
interviewed candidates whether a hiring decision has been made
within 45 days of the interview. This requirement may be satisfied
by advising that a decision is still pending and may be
communicated verbally, in writing, or electronically.
- Practical Note: Employers are not required to wait until the end of the 45-day period to provide an update. Early or standardized communications may help manage administrative burden while still satisfying the ESA requirements and maintaining candidate engagement. For example, while the intent of the legislation is to keep candidates apprised of the status of the recruitment process, the actual requirement would be satisfied by an automatic email after an interview thanking them for their time and advising that a hiring decision has not yet been made.
For more details regarding the January 1, 2026, changes, read our blog on the Working for Workers Four Act and the Working for Workers Five Act.
Key Takeaways for Employers
Employers that have not yet had an opportunity to do so should review recruitment practices, including job posting and hiring transparency requirements, to ensure compliance. In a regulatory environment increasingly defined by transparency and statutory precision, gaps in compliance are more likely to carry meaningful risk.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
