Ontario's 2026 Job Posting Rules: AI Disclosure, Pay Ranges, and What Employers Must Do Now

Ontario employers with 25+ employees must now disclose pay ranges, AI use in screening, and more in public job postings. Here's the full compliance checklist for the Working for Workers Act changes effective January 1, 2026.

Ontario's New Hiring Transparency Rules Are Now in Effect

As of January 1, 2026, Ontario employers with 25 or more employees face a significantly expanded set of obligations when posting public job advertisements. These changes — introduced through the Working for Workers Act, 2023, the Working for Workers Four Act, 2024, and the Working for Workers Five Act, 2024 (Bill 190) — amend the Employment Standards Act, 2000 (ESA) to require new disclosures in publicly advertised job postings.

This is not a single rule. It is a compliance package covering four distinct obligations: compensation disclosure, AI use disclosure, vacancy transparency, and interview notification. Employers who treat this as simply "the AI disclosure rule" risk missing the broader requirements.

Who is covered: These rules apply to employers that employ 25 or more employees in Ontario on the day the publicly advertised job posting is posted. The count includes all employees employed in Ontario across the employer's locations; part-time and casual employees each count as one employee.

Requirement 1: Compensation Range Disclosure

Every publicly advertised job posting must now include the expected compensation for the position or, if a range is used, the range must be provided. Ontario's rules are designed to give job seekers meaningful pay information before they apply.

What this means in practice:

• The posting must include either a specific pay rate or a pay range (e.g., "$55,000–$70,000 annually" or "$22–$28/hour").
• The range should reflect the employer's genuine compensation expectations for the role. If a range is used, the range is expected not to exceed an amount equivalent to $50,000 per year under proposed regulations, unless the expected compensation is more than $200,000 per year or the upper end of the range is more than $200,000 per year.
• This applies to publicly posted positions — not internal-only postings or private recruitment conducted through headhunters without public advertising.
• $200,000 exemption: These compensation disclosure rules do not apply if the expected compensation is more than $200,000 per year, or if the upper end of the compensation range is more than $200,000 per year.

Employers should review every active public job posting to ensure compensation information is included. HR teams and external recruiters posting on behalf of the employer should be briefed on this requirement.

Sources

• https://www.ohrc.on.ca/en/human-rights-workplace

Requirement 2: Artificial Intelligence Disclosure

If the employer uses artificial intelligence to screen, assess, or select applicants for a publicly posted position, the job posting must disclose that AI is used in the hiring process.

What counts as "artificial intelligence" in this context:

• Automated resume screening tools that rank or filter applicants
• AI-powered interview analysis software (e.g., tools that assess tone, facial expressions, or word choice)
• Chatbots that pre-screen candidates with qualifying questions and make pass/fail decisions
• Algorithmic scoring systems that evaluate applicant fit

What likely does not trigger this requirement:

• Using an applicant tracking system (ATS) that simply collects and organizes applications without automated screening
• Standard keyword search functionality used by a human recruiter
• Calendar-scheduling tools for interviews

The disclosure must appear in the job posting itself — not buried in a terms-of-service document or privacy policy. A clear statement such as "This employer uses artificial intelligence tools to assist in the screening of applicants for this position" would satisfy the requirement.

Practical tip: Audit every software tool in your hiring pipeline. If any tool uses machine learning, natural language processing, or algorithmic decision-making to filter or rank candidates, disclose it. When in doubt, disclose — the obligation is to inform, and over-disclosure carries no penalty.

Sources

• https://www.ipc.on.ca/en/organisations/privacy-at-work
• https://www.ohrc.on.ca/en/human-rights-workplace
• https://www.ontario.ca/document/your-guide-employment-standards-act-0

Requirement 3: Vacancy and Position Transparency

Ontario's new rules also address "phantom job postings." A publicly advertised job posting must include a statement disclosing whether it is for an existing vacancy or not. Employers using pipeline or evergreen postings should make sure that disclosure is clear in the posting itself.

Additionally, employers are prohibited from requiring "Canadian experience" in a public job posting or associated application form.

While enforcement details are still developing, the intent is clear: public job postings should accurately represent real positions and comply with all disclosure requirements under the new framework.

Sources

• https://www.ohrc.on.ca/en/human-rights-workplace

Requirement 4: Interview Notification Timeline

If an applicant is interviewed for a publicly advertised job posting, the employer must inform that applicant whether a hiring decision has been made for that posting within 45 days after the interview, or after the last interview if there are multiple rounds.

This is a specific 45-day deadline tied to interviewed applicants — it is not a general obligation to respond to all applicants. Employers should build this timeline into their hiring process and ensure their applicant tracking system can trigger notifications within the required window.

Sources

• https://www.ohrc.on.ca/en/human-rights-workplace

Compliance Checklist for Ontario Employers

If your organization has 25 or more employees in Ontario, use this checklist to verify compliance with the new job posting rules:

1. Count your employees: Confirm whether you meet the 25-employee threshold. The count is based on the number of employees employed in Ontario on the day each posting goes live. Include all employee types — full-time, part-time, and casual employees each count as one.
2. Audit active job postings: Review every currently live public job advertisement for compliance with all four requirements.
3. Add compensation ranges: Ensure every public posting includes a specific pay rate or a reasonable pay range.
4. Inventory your hiring technology: List every software tool used in your recruitment process. Flag any tool that uses AI, machine learning, or algorithmic decision-making to screen or rank candidates.
5. Add AI disclosure language: For any posting where AI tools are used in screening, add a clear disclosure statement directly in the posting text.
6. Verify posting disclosures: Confirm that every public posting clearly states whether an existing vacancy exists and that the posting otherwise complies with the ESA job-posting rules.
7. Establish interview-notification protocols: Set up a process to notify interviewed applicants whether a hiring decision has been made for the posting within 45 days after the interview or last interview.
8. Brief your recruiters: Ensure internal HR staff and external recruitment agencies posting on your behalf understand and comply with all four requirements.
9. Update posting templates: Revise your standard job posting templates to include placeholder fields for compensation range and AI disclosure, ensuring compliance is built into every future posting.

What Happens If You Don't Comply?

The new job posting provisions are part of the Employment Standards Act, 2000 and are enforceable by the Ontario Ministry of Labour, Immigration, Training and Skills Development. Non-compliance could result in an employment standards officer ordering compliance, and repeated or wilful violations could lead to penalties under the ESA's enforcement framework.

Beyond formal enforcement, non-compliant job postings create reputational risk. Job seekers increasingly expect pay transparency, and postings without compensation information may attract fewer qualified applicants — particularly in competitive labour markets.

Sources

• https://www.canada.ca/en/employment-social-development/services/foreign-workers.html
• https://www.ohrc.on.ca/en/human-rights-workplace

The Bigger Picture: Pay Transparency Is a National Trend

Ontario's job posting rules are part of a broader Canadian movement toward hiring transparency. British Columbia's Pay Transparency Act already requires pay ranges in public job postings for BC employers, and BC's reporting obligations expand further in November 2026. Federally, the Pay Equity Act and related regulations impose distinct obligations on federally regulated employers.

Employers operating in multiple provinces should expect pay transparency requirements to expand. Building transparent compensation practices now — rather than treating each province's rules as a one-off compliance exercise — positions your organization ahead of the curve.

Canada Policy Manual generates province-specific employment policy manuals that reflect current legislative requirements, including hiring and posting obligations. View our subscription plans to ensure your policy documentation keeps pace with these changes.

Key Takeaways