Ontario AI Disclosure in Hiring: Job Posting Language + Internal Policy

Ontario's Working for Workers Act, 2023 (Bill 149) amended the Employment Standards Act, 2000 to add a requirement for employers to disclose the use of artificial intelligence in hiring. This makes Ontario one of the first Canadian jurisdictions to address AI transparency in employment. Important: The AI disclosure amendment has received Royal Assent but has not yet been proclaimed in force . Employers should verify the current proclamation status on Ontario e-Laws and ontario.ca before relying on this requirement. This article explains what the requirement will cover once proclaimed, which employers will be affected, and the practical steps you can take to prepare. Employers who use artificial intelligence to screen, assess, or select applicants must include a disclosure in their publicly advertised job postings. The requirement is part of the broader amendments to the ESA's job posting rules under Part XVI.2. Key points about the statutory requirement: The disclosure obligation applies when AI is used in any part of the hiring process — including resume screening, candidate ranking, automated interviews, or selection decisions The requirement applies to publicly advertised job postings — internal postings and direct recruitment are not covered There is no employer-size threshold — the rule applies to all Ontario employers who post jobs publicly and use AI in screening or selection Important: The AI disclosure provision has received Royal Assent but has not yet been proclaimed in force . Employers should monitor Ontario e-Laws for the proclamation date and any implementing regulations before treating this as a current obligation. The AI disclosure requirement applies to publicly advertised job postings — the same category covered by Ontario's pay transparency and Canadian experience ban rules. This includes: Job advertisements on public job boards (Indeed, LinkedIn, company career pages, etc.) Postings on social media platforms accessible to the general public Print advertisements in newspapers or trade publications Internal-only postings, direct headhunting, and unsolicited applications are not captured by this requirement. Ontario has not prescribed specific wording for the AI disclosure. The statutory requirement is to disclose that artificial intelligence is used in the hiring process. Until regulations are published with any prescribed language, employers have flexibility in how they word the disclosure. At minimum, the disclosure should: State clearly that AI is used in the screening, assessment, or selection of candidates Be included directly in the job posting (not buried in a separate document or link) Be written in plain language that applicants can understand Since Ontario has not prescribed specific language, the following is a best-practice example — not a statutory requirement: "This employer uses artificial intelligence tools to assist in the screening and assessment of applications for this position. All AI-assisted evaluations are reviewed by a human decision-maker before any hiring decision is made." Employers should adjust the wording to reflect how AI is actually used in their specific hiring process. If AI is used only for resume parsing (not decision-making), the disclosure should reflect that distinction. The AI disclosure provision was included in Bill 149 ( Working for Workers Act, 2023 ), which received Royal Assent. However, the provision came into force on January 1, 2026. As of the publication date of this article, the requirement came into force on January 1, 2026. Employers should monitor the Ontario employment standards page for updates. Practical step: Begin inventorying AI tools used in hiring now so you are ready to comply now that the provision is in force. While the ESA requirement is limited to disclosure in job postings, employers who use AI in hiring should consider developing an internal AI hiring policy as a risk-management best practice . This is not an ESA requirement — it is a governance recommendation. A well-designed internal policy might include: AI tool inventory: A list of all AI tools, platforms, or algorithms used in recruitment, screening, or selection Vendor assessment: Documentation of vendor bias-testing claims, data handling practices, and contractual commitments Human review protocol: A defined process for human oversight of AI-generated recommendations before hiring decisions are finalized Periodic bias review: A schedule for reviewing AI outputs for potential adverse impact on protected groups Record retention: Retention of AI decision logs, tool configurations, and vendor agreements for at least three years as a practical baseline These steps are not mandated by the ESA but help manage compliance risk under human rights legislation, privacy law, and emerging AI governance standards. The AI disclosure requirement under the ESA is narrow — it requires disclosure, not regulation of the AI itself. However, employers using AI in hiring face related co