The Ministry of Labour, Immigration, Training and Skills Development has updated information on the new requirements related to publicly advertised job postings and job posting platforms that came into effect on January 1, 2026.
Ontario’s new measures include two first-in-Canada components: a limit on the range of expected compensation that may be included in a publicly advertised job posting, and a requirement to include a statement disclosing the use of artificial intelligence to screen, assess or select applicants.
The new requirements apply to employers, including prospective employers, who advertise publicly advertised job postings, including where a third party does so on their behalf, and persons who operate job posting platforms.
These rules generally apply to publicly advertised job postings that are posted on or after January 1, 2026. The requirement to provide information to an applicant interviewed for a position applies if the interview took place on or after January 1, 2026, even if the publicly advertised job posting was posted before January 1, 2026.
Employers are required to include the following information in a publicly advertised job posting:
information about the expected compensation or range of expected compensation for the position (note: if providing a range, it cannot exceed $50,000 per year),
a statement disclosing the employer’s use, if any, of artificial intelligence to screen, assess or select applicants for the position,
a statement disclosing whether a vacancy exists or not.
Employers cannot include any Canadian experience requirements in publicly advertised job postings or in associated application forms.
Further, if an employer interviews an applicant for a publicly advertised job posting, they are required to tell that applicant whether they made a hiring decision for that posting. The employer must provide that information to the applicant within 45 days after the date of the interview. If the employer interviews the applicant more than once, then they must provide the information within 45 days after the date of the last interview.
The above-noted requirements do not apply to employers that employ less than 25 employees on the day the publicly advertised job posting is posted. These requirements also do not apply to the Crown, a Crown agency or an authority, board, commission or corporation whose members are all appointed by the Crown and their employees.
In addition to the above requirements, a person who operates a job posting platform is required to have the following things in place:
a mechanism or procedure for users of the platform to report fraudulent publicly advertised job postings to the person operating the platform
a written policy about fraudulent publicly advertised job postings, which must include information about how fraudulent publicly advertised job postings are addressed by the person operating the platform
The person operating the job posting platform must display both the reporting mechanism or procedure and the written policy in a conspicuous place on the platform where it is likely to come to the attention of the users of the platform.
Visit the new chapter on requirements related to publicly advertised job postings at Ontario.ca/ESAjobpostings.
Employers and persons who operate job posting platforms who are found to be in contravention of the ESA can be subject to enforcement action, including monetary penalties or fines.
If you need help understanding your responsibilities and rights under the ESA, you can:
Visit Your guide to the Employment Standards Act at Ontario.ca/ESAguide.
Call the Employment Standards Information Centre at 1-800-531-5551 or TTY (for hearing impaired) at 1-866-567-8893. Information is available in many languages.
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