New Year, New Changes Every Employer Should Know

Ontario has introduced new employment requirements that will take effect on January 1, 2026, for employers who publicly advertise job postings and have more than 25 employees on the day the posting is published.[1]

In 2024, the Ontario legislature passed Bill 149, Working for Workers Four Act, 2024,[2] and Bill 190, Working for Workers Five Act, 2024[3] (collectively, the “Bills”). These Bills amend various provisions of the Employment Standards Act, 2000 (the “ESA”)[4] and impose new obligations on employers with respect to recruitment and hiring practices.

Key Takeaways

Here are the main takeaways that employers should be aware of:

1.     Include Expected Compensation

Publicly advertised job postings must include either the expected compensation or a range of expected compensation for the position.[5] Positions with expected compensation over $200,000 are exempt from the public posting requirement.[6] Compensation ranges cannot exceed $50,000.[7]

2.     Disclose the Use of Artificial Intelligence

Employers who use artificial intelligence (AI) to screen, assess or select applicants must include a disclosure statement in the posting indicating that AI is being used in the hiring process.[8]

3.     End Canadian Experience Requirements

Employers are prohibited from requiring Canadian experience in publicly advertised job postings or any related application forms.[9]

4.     Disclose Vacancy

Employers must clearly indicate in the job posting whether a vacancy exists for the position being advertised.[10]

5.     Communicate with Interviewed Applicants

Employers may no longer “ghost” applicants who have been interviewed.[11] Employers must inform each interviewed candidate within 45 days of the last interview whether a hiring decision has been made.[12]

These upcoming changes only apply to “publicly advertised job postings”. This specifically excludes general recruitment campaigns that do not advertise a specific position, general help wanted signs that do not advertise a specific position, postings restricted to existing employees, and postings for work performed outside of Ontario.[13] Employers are also required to retain records of job postings and interviews for three years from the date the posting is removed from public access and the information was provided, respectively.[14]

Preparing for 2026

Employers should review and update their current job posting templates and recruitment processes before January 1, 2026, to ensure compliance with the new ESA requirements. A practical tip is to track interviews and establish clear internal timelines to communicate with applicants about hiring decisions. Ensuring early compliance will help employers avoid penalties.

Thank you for taking the time to read. Have a nice day! - Stefania

[1] O Reg 476/24, s 1.

[2] Bill 149, Working for Workers Four Act, 1st Sess, 43rd Leg, Ontario, 2024 (assented to 21 March 2024), SO 2024, c 3.

[3] Bill 190, Working for Workers Five Act, 1st Sess, 43rd Leg, Ontario, 2024 (assented to 28 October 2024), SO 2024, c 19.

[4] Employment Standards Act, 2000, SO 2000, c 41.

[5] Ibid, s 8.2(1)

[6] Supra note 1, s 3.

[7] Ibid s 4.

[8] Supra note 4, s 8.4(1)

[9] Ibid, s 8.3(1)

[10] Ibid,  s 8.5(1)

[11] Ibid, s 8.6

[12] Supra note 1, s 5.

[13] Ibid, s 2(1).

[14] Supra note 4, s 15(7.1).

Last Updated: November 7, 2025

Disclaimer: This article is intended for general information purposes only. It is not intended as legal advice. It does not create a lawyer-client relationship and may not address your specific circumstances. You should consult with a qualified lawyer.