By Marty Greenaway, Search Consultant

Starting January 1, 2026, employers across Ontario will be navigating a significant shift in how they post jobs, screen applicants, and communicate with candidates.

In an effort to promote transparency, equity, and inclusion in the hiring process, the Province is rolling out a series of new job posting regulations.

This legislation is already sparking a mix of applause, anxiety, and active debate among HR departments.

Under the new amendments to the Employment Standards Act, any public-facing job advertisement in Ontario (with some exceptions, such as internal postings or general “help wanted” signs) must now comply with a fresh set of disclosure standards.

Key Changes

Here’s what employers need to know:

1. Disclosure of Use of AI
   If artificial intelligence is utilized at any stage of the hiring process, from resume screening to final decision-making, it must be explicitly stated in the job posting. This step aims to enhance transparency and public trust as AI becomes a mainstay in modern recruitment.
2. Compensation Transparency
   All postings must disclose expected compensation or a defined salary range. The range cannot exceed $50,000 unless the total compensation surpasses $200,000. A job offering $70,000–$120,000? That range won’t be acceptable under the new rules.
3. Vacancy Status
   Employers must indicate whether the posting is for a genuine vacancy. This aims to end the murky practice of “evergreen” listings that don’t reflect immediate hiring needs.
4. Ban on “Canadian Experience” Requirements
   The long-criticized stipulation for “Canadian experience” in job postings or applications is now outlawed, aligning with the Ontario Human Rights Commission’s view that such criteria often act as systemic barriers for newcomers.
5. Mandatory Post-Interview Communication
   Employers must notify all candidates interviewed about their status within 45 days after the final interview has taken place. The days of being ghosted after a final round might soon be behind us.
6. Three-Year Record Retention
   All hiring-related documents (job postings, applications, interview notes) must be stored for at least three years for compliance purposes.

Potential Concerns

While many in the recruitment world welcome these reforms as long overdue and aligned with global trends, others are urging caution. Several key concerns have surfaced:

• Increased Administrative Load
  Smaller businesses and non-profits, in particular, fear the operational strain of managing new documentation, updating systems, and training staff to meet compliance requirements.
• Rigid Compensation Rules
  The $50,000 range cap may limit flexibility in hiring for positions that encompass various levels of experience, particularly in the tech, healthcare, and nonprofit sectors where salary variation is prevalent.
• Overbroad AI Disclosure Mandates
  HR leaders are grappling with what exactly constitutes “AI.” Must every algorithm-based resume parser be disclosed? The lack of clarity could result in inconsistent or overly cautious disclosures.
• A Chilling Effect on Public Postings
  Some employers might move hiring underground, relying more heavily on referrals or third-party recruiters to avoid the compliance minefield. This poses a risk of decreasing publicly accessible opportunities for job seekers.
• Loopholes in the Canadian Experience Ban
  While the legal language is clear, some are concerned that employers may still circumvent the spirit of the law by relying on subjective measures, such as “cultural fit,” unless more significant changes in hiring culture take root.
• Legal Grey Areas
  Ambiguous terminology, such as “existing vacancy” and “artificial intelligence,” may lead to confusion and non-compliance, even among well-meaning employers.

Handle the Transition with Ease

With only a few months remaining before the new rules come into effect, now is the time for preparation. Leading organizations are already taking action to ensure a seamless transition:

• Audit and update all job posting templates.
• Map and disclose any AI tools used during recruitment.
• Remove all references to Canadian experience.
• Train hiring managers on the new laws and best practices for inclusive hiring.
• Confirm that applicant tracking systems can archive data for three years.

To meet both legal obligations and ethical expectations, employers should also:

• Ensure all job requirements are justifiable and directly related to the position.
• Provide clear statements regarding accommodations in postings.
• Standardize the interview process to ensure fairness among candidates.
• Review all questions to ensure compliance with the Ontario Human Rights Code.

Ontario’s 2026 job posting reforms are more than a compliance checklist; they signify a cultural shift in how we hire, evaluate, and respect talent.

They demonstrate the growing global momentum towards pay transparency, algorithmic accountability, and equity for historically marginalized groups.

However, as with any significant change, success will rely not only on legislation but also on the responses of employers.

The most competitive and trusted organizations will be those that exceed mere compliance, embracing the principles of fairness and transparency as core values, rather than just legal obligations.