Ontario’s 2026 Job Posting Rules: What Employers Need to Know
By Marta Gongos The 2026 ESA job posting rules promote fair hiring practices. Ontario employers must clearly state the expected compensation upfront, disclose the use of AI, consider hiring newcomers with no local work experience, and retain listing records for at least three years.
Ontario is rolling out new hiring rules starting January 1, 2026. This will affect the way employers write job postings, track associated application forms, and communicate hiring decisions. The update aims to create a fair and transparent job market.
Complying with the new Ontario job posting rules may not necessarily be difficult. But it’s easy to overlook minor yet crucial details if your company is filling multiple positions simultaneously. Your HR team may inadvertently use outdated templates or workflows due to habit.
To avoid non-compliance, now’s the best time to review your hiring process and prepare for the upcoming changes early.
Overview of Ontario’s New Job Posting Rules for 2026
The Ontario Employment Standards Act (ESA) introduces new mandatory requirements for how employers advertise external job postings. They apply to businesses with 25+ employees. The updates will require changes to job templates, screening workflows, communication timelines, and HR recordkeeping.
We’ll dive deeper into each update, but here’s an overview of what’s coming:
| What’s Changing? | What It Means in Practice |
| Salary transparency | Disclose expected compensation with a max range of $50,000 listed (e.g., $50,000 to $100,00) |
| AI use disclosure | State in the posting if AI is used for screening or evaluating applicants |
| No “Canadian experience required” | Can’t ask for local experience or Canadian-only references |
| Vacancy clarity | Disclose if posting is for an existing, real vacancy |
| Mandatory follow-up | Notify interviewed candidates of the final decision within 45 days |
| Three-year recordkeeping | Retain job ads, applications, interview notes, and communications |
Key Points of Ontario’s New Hiring and Job Posting Requirements
Ontario clarifies job posting rules with new guidelines for the ESA. Here are the key points you should know, what they mean, and how to stay compliant.
Salary Transparency: Employers Must Disclose Compensation
Salary disclosure is now a legal requirement in Ontario. Employers must include an expected salary range in every posting. The range can’t exceed $50,000 unless the role pays upward of $200,000 per annum.
That said, this spread is still quite broad. For example, saying $25,000 to $75,000 equals a 200% difference, and the employee’s starting hourly wage rate would be anywhere from $13.02 to $39.06.
If you want to build trust and set clearer expectations, narrow the salary range beyond the legal minimum.
Source: Pixabay
Disclosing the Use of Artificial Intelligence in Hiring
If you use artificial intelligence (AI) to generate outputs or analyze hiring data, you must disclose it in your listings. It fosters transparency and prevents automated filtering. Job seekers have the right to know how recruiters evaluate and collect their data.
Note: The ESA has a broad definition of AI in HR. However, it generally refers to resume-screening software, automated keyword filters, and candidate ranking tools.
Employers Can No Longer Require “Canadian Experience”
You can’t require applicants to have work experience in Canada. It’s stereotypical and discourages qualified newcomers from applying to higher-ranking positions. The rule aligns with the government’s push for stronger DEI compliance across industries.
Clarify If the Posting Is for a Real Vacancy
Every publicly advertised posting must explicitly state whether the role is for an existing vacancy or not. You must clarify if the job is immediately available, part of a talent pipeline, or just an anticipated opening. It prevents employers from posting “evergreen” or misleading listings.
Interviewed Applicants Must Receive Results Within 45 Days
You must communicate the final hiring decision within 45 days of the interview, regardless of whether the posting is still active. It helps reduce candidate ghosting and long periods of uncertainty.
The rule applies to all candidates interviewed in physical or virtual environments. Likewise, the interviewer can be the employer or a person acting on behalf of an employer.
Source: Unsplash
Employers to Keep Job Postings and Candidate Records for 3 Years
HR teams must update Applicant Tracking System (ATS) workflows to maintain organized, accessible digital records for at least three years. Manual systems need stricter oversight to avoid accidental deletion. The Ministry of Labour needs enough references when auditing hiring practices and verifying compliance with the 2026 ESA rules.
Note: The timeline begins on the last day the posting was publicly available, not the date it was created.
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FAQs About Ontario Job Posting Rules
Ontario is updating the Employment Standards Act (ESA) with new rules governing the content of publicly advertised job postings. Employers must now:
- Set a maximum $50,000 salary range of expected compensation
- Disclose the use of AI in the hiring process
- Communicate every hiring decision within 45 days
- Retain copies of related applicant records for three years.
The changes apply to companies with 25+ employees.
The ESA does not set a minimum posting duration. When posting a job opening, you can keep the listing open for any length of time. However, once an applicant undergoes preliminary screening, you must communicate your decision within 45 days, regardless of whether the posting remains open or not.
Yes, under the 2026 ESA rules, Ontario employers must include expected compensation in publicly advertised job postings. The salary range cannot exceed $50,000 unless the compensation for the role is $200,000 or more.
In Summary
- Ontario is introducing new ESA job posting and hiring rules on January 1, 2026.
- Changes affect companies with 25+ employees and public job postings.
- Employers must disclose salary ranges, AI use, and active vacancies.
- Canadian experience can no longer be listed as a requirement.
- Applicants must get a decision within 45 days.
- Businesses must retain job postings and records for three years.
Hire With Confidence Under Ontario Job Posting Rules in 2026
Although necessary, the new job posting requirements add more admin work to the hiring process. HR teams handling several vacancies at once often have to post roles quickly, leaving little room to juggle compliance checks, screening, follow-up deadlines, and recordkeeping.
Don’t take chances. Instead of manually updating every template and workflow yourself, offload the pressure to Ad Culture. We stay up-to-date on Ontario’s hiring laws and help ensure your postings, communication timelines, and candidate processes comply with the new ESA standards.
Contact our specialists today and let’s discuss the roles you’re looking to fill. We’ll walk you through what your timeline should look like.
