Ontario Job Posting Compliance: Pay Range Rules, Exceptions, and Checklist

Ontario has introduced legislative changes relating to job postings under the Employment Standards Act, 2000 (ESA). Employers should consult the ESA, its regulations, and current Ontario government guidance for the exact content, scope, exemptions, and effective dates of any job-posting requirements. The Working for Workers Act amendments address several key areas of job posting compliance, including compensation disclosure, the prohibition on requiring Canadian experience, and the disclosure of artificial intelligence use in hiring. Some of these provisions have received Royal Assent, but not all may be in force yet. Employers should verify the current proclamation status and effective dates of each provision on Ontario e-Laws before treating them as mandatory. This guide covers each requirement in detail, with practical compliance steps for Ontario employers, HR professionals, and hiring managers. The Ontario government's ESA guide confirms that "rules and exemptions for job postings" and "job posting platforms" are part of recent ESA changes. The guide cautions that it is not a legal document and directs readers to the ESA and its regulations for exact language. The key amendments address four areas: compensation disclosure in job postings, the prohibition on requiring Canadian experience, AI disclosure in hiring, and the pay history ban. These provisions were introduced under the Working for Workers Act, 2023 (Bill 149) and the Working for Workers Four Act, 2024 (Bill 190). Some have received Royal Assent, but employers should verify which provisions are currently in force by checking Ontario e-Laws and the ESA guide on ontario.ca. Ontario's ESA includes job-posting rules, including compensation-disclosure provisions. The compensation disclosure provisions came into force on January 1, 2026. Employers should consult the ESA and current Ontario government guidance for detailed requirements, thresholds, and any applicable exemptions. Under these provisions, employers who publicly advertise a job posting are required to include information about the expected compensation for the position. This may take the form of a specific amount or a reasonable pay range that reflects the actual expected compensation. Key compliance points for compensation disclosure: Every publicly advertised job posting should include expected compensation or a pay range. Pay ranges should be made in good faith and reflect actual expected compensation — posting an artificially wide range to avoid meaningful disclosure may not satisfy the intent of the legislation. Variable compensation (bonuses, commissions, equity) should be noted where applicable. If the role's scope or market conditions change before the position is filled, update the posted range accordingly. Employers should review the ESA and Ontario's official guidance to confirm the exact statutory thresholds and any exemptions that may apply to their organization. Ontario's Working for Workers Act amendments prohibit employers from including a requirement for "Canadian experience" in publicly advertised job postings. This provision is designed to reduce barriers for internationally trained professionals and recent immigrants seeking employment in Ontario. What this means for employers: Job postings cannot require applicants to have prior Canadian work experience as a qualification. Employers may still require specific skills, certifications, or experience relevant to the role — the prohibition targets the blanket requirement for Canadian-specific experience. All current job postings should be audited to remove any explicit or implicit requirement for Canadian experience. Job posting templates should be updated to ensure future postings do not include this language. Employers should consult the ESA and Ontario government guidance for the full scope of this prohibition, including any exemptions or exceptions that may apply. Ontario's AI disclosure requirement came into force on January 1, 2026. Employers should consult the ESA and regulations for detailed definitions, exemptions, and compliance requirements. Ontario's Working for Workers Act amendments include provisions requiring employers to disclose the use of artificial intelligence in the hiring process. Under these provisions, employers who use AI to screen, assess, or select applicants for publicly advertised positions are expected to disclose that fact in the job posting. Key compliance points for AI disclosure: If your organization uses AI-powered tools at any stage of the hiring process — including resume screening, candidate ranking, skills assessment, or interview analysis — disclosure may be required in the job posting. Employers should inventory all AI tools currently used in hiring and determine which ones fall within the scope of the disclosure requirement. The disclosure should be clear and prominent, informing applicants that AI may be used as part of the evaluation process. Employers should document their AI