- within Employment and HR and Real Estate and Construction topic(s)
- with Senior Company Executives, HR and Finance and Tax Executives
- in United States
- with readers working within the Accounting & Consultancy, Automotive and Basic Industries industries
Scrolling job boards in 2026 can feel like decoding a new kind of fine print. Some postings are refreshingly transparent about compensation. Others read like they were written to collect resumes, not fill a seat. And more candidates are noticing the quiet reality behind the scenes: automated screening can decide whether a human ever sees an application.
Ontario's job posting rules are now pushing hiring practices in a more transparent direction, especially around pay information, whether a job is actually an active vacancy, and when AI tools are being used to screen applicants. These changes matter for employers trying to stay compliant, and for job seekers who want straight answers about what is being offered and how they are being evaluated.
If you are dealing with a posting that feels misleading, or you suspect an automated process played a role in shutting you out, it can help to speak with an employment lawyer early, before the situation turns into months of guesswork.
The 2026 shift: job ads are no longer just marketing copy
In practice, job postings have always served two purposes: attract candidates and manage the employer's risk. That second purpose can show up in vague language like "competitive salary," unclear status updates, or hiring processes that feel opaque.
Ontario's updated rules aim to reduce some of that ambiguity. They reinforce that publicly advertised postings are not just a branding exercise. Certain disclosures now matter because they shape how people decide to apply, negotiate, and plan their next move.
A useful way to think about it is this: a posting is often the first document in the hiring relationship. When it is misleading, the damage tends to show up later, in wasted time, strained negotiations, and disputes that could have been avoided with clearer information upfront.
Salary ranges in 2026: what "transparent" actually means
Pay transparency is the headline change most people notice first. A posting that includes a wage or salary expectation gives candidates immediate leverage. It also reduces the classic bait-and-switch feeling that happens when a role is described as senior, but the compensation is not.
The key detail is that employers may need to provide either expected compensation or a compensation range, and that range is not meant to be endlessly wide. In other words, a range should narrow the conversation, not avoid it.
If you are job searching, pay information can also help you spot when a role is being positioned unrealistically. If you are an employer, it is a reminder that "transparent" does not mean "vague but technically listed."
Unified has already covered the foundation of these changes, including the logic behind salary disclosure and how AI screening fits into the same transparency push, in its post on Ontario's pay transparency and AI disclosure requirements. One practical takeaway from that resource is that these rules are not just administrative. They are meant to influence behaviour, including how employers structure postings and how candidates understand what is happening behind the scenes.
"Is this role actually open?" vacancy disclosures and the ghost job problem
Candidates have a name for postings that never seem to lead anywhere: ghost jobs. Sometimes a company is collecting resumes for a future need. Sometimes the role is already filled internally. Sometimes budgets change and the posting quietly lingers.
Ontario now requires a clearer statement about whether a posting is for an existing vacancy. That matters because it separates "we are hiring now" from "we are building a pipeline." The difference is not academic when you are tailoring resumes, booking interviews, or turning down other opportunities, and the requirement is set out in Ontario's job posting rules under the Employment Standards Act.
If you have gone through multiple rounds only to learn the role was never truly active, keep your notes. Hiring practices can intersect with other legal issues depending on what was represented, what was promised, and what happened during negotiations.
AI screening disclosures: what employers must say, and what candidates should watch for
More employers are using automated tools to sort applications, score resumes, or flag "best matches." The problem is not the existence of technology. It is the lack of visibility into how decisions are being made, and whether the system is screening fairly.
Ontario's rules require employers using artificial intelligence to screen, assess, or select applicants to disclose that use in the posting. This is one of the most important changes for 2026 because it acknowledges a reality that candidates have felt for years: you can be rejected without a person ever reading your application.
If a posting discloses AI use, take it seriously. Make sure your resume is readable, your experience is clearly stated, and your qualifications are easy to match to the requirements. If you suspect you were filtered out for reasons that feel discriminatory, it can be worth getting advice from an employment lawyer in Toronto to understand what options may exist and what evidence is worth preserving.
Canadian experience requirements: a red flag in 2026
Some postings still try to require "Canadian experience" directly or indirectly. That can appear as a formal requirement, or as language that effectively signals the same thing.
Ontario prohibits Canadian experience requirements in publicly advertised job postings and associated application forms, subject to prescribed exceptions. If you see this kind of language, it is worth flagging. Even where employers are trying to reduce risk, the wording can create legal exposure and shut out qualified candidates unfairly.
When hiring practices spill into employment law problems
A job posting can trigger employment law issues in a few common ways.
One is misrepresentation, where a candidate relies on statements about pay, role scope, or status, only to find the reality is materially different. Another is a negotiation that turns into a dispute after someone resigns from an existing role based on what they were told.
A third is where the hiring process reveals deeper issues inside the workplace. For example, employers sometimes use "evergreen" postings while quietly restructuring. If you are already employed and your job changes in a way that feels like a demotion or a forced exit, you may want to read about constructive dismissal and how it can apply when working conditions change without real consent.
And if a job offer is withdrawn, or employment ends shortly after starting, it can also raise questions about wrongful dismissal and what compensation may be owed depending on the facts.
FAQs
Do all Ontario employers have to follow the 2026 job posting rules?
Some requirements depend on how the role is publicly advertised and whether the employer meets the employee threshold set out in the rules.
If a posting says AI is used, does that mean a human will not review my application?
Not necessarily. It usually means an automated tool is involved somewhere in screening, assessment, or selection. The disclosure is meant to make that involvement visible.
Can a job posting require Canadian experience?
Ontario prohibits including Canadian experience requirements in publicly advertised job postings and associated application forms, subject to prescribed exceptions.
What should I do if I think a posting was misleading or the job was not a real vacancy?
Save the posting, take screenshots, and keep a timeline of communications. If the mismatch affected your decisions or caused financial loss, talk to counsel about whether the facts support a claim or complaint.
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.