HR Questions, Answered · Ontario
What Do Ontario's Job Posting Rules Require in 2026?
Daniel LeBlancLast reviewed
Ontario’s new job posting requirements took effect on January 1, 2026, as amendments to the Employment Standards Act. They change what has to appear in a posting, and what you owe the people you interview.
Who they apply to
The requirements apply to employers with 25 or more employees on the day a job posting is posted. Below that, they don’t apply — though many smaller employers are adopting them anyway, because candidates increasingly expect a pay range.
They cover publicly advertised job postings: external postings for a specific position, advertised to the general public, on any platform. They don’t apply to:
- general recruitment campaigns that don’t advertise a specific position (a “now hiring” sign),
- postings open only to your existing employees, or
- positions to be performed entirely outside Ontario.
What a posting must include
- Expected compensation, or a range. If you give a range, the difference between the top and bottom can’t exceed $50,000 a year. This doesn’t apply where the expected compensation — or the top of the range — is more than $200,000 a year.
- Whether AI is used. If you use artificial intelligence to screen, assess, or select applicants for the position, the posting must say so.
- Whether the vacancy exists. The posting must state whether it’s for an existing vacancy — so postings used to build a candidate pool for future roles have to say that’s what they are.
What a posting can’t include
A Canadian experience requirement. You can’t require Canadian work experience — in the posting itself or in any application form associated with it.
After the interview: the 45-day rule
If you interview an applicant, you must tell them within 45 days of their last interview whether a hiring decision has been made. It can be in person, in writing, or electronically. You don’t have to say who got the job or why — just whether a decision has been made.
Many employers have quietly stopped telling unsuccessful candidates anything. That’s no longer an option for interviewed applicants.
Record-keeping
Keep a copy of every publicly advertised posting, and any associated application form, for three years after the posting is taken down. You’ll also want a record showing that interviewed candidates were notified within the 45 days.
A practical checklist for your next posting
- Count your employees on the day you post — 25 or more?
- Pay or pay range included, and the range is no wider than $50,000
- AI statement included (even “we do not use AI to screen applicants” removes any doubt)
- Statement of whether the vacancy currently exists
- No “Canadian experience” requirement, in the posting or the application form
- A process to notify every interviewed candidate within 45 days
- Posting and application form saved, with a three-year retention reminder
Beyond compliance
Setting a pay range forces a useful conversation: what is this role worth, and does that line up with what you pay the people already doing similar work? Posting a range for a new hire that’s well above what current employees earn will surface pay equity questions quickly — better to have that conversation before the posting goes up.
Compliant, structured hiring — from the job description and posting to interviews and offers — is part of the HR Partner plan.
General information, not legal advice. This answer reflects Ontario law as of October 9, 2026. Employment law changes, and the right answer for your organization depends on its facts. Where real risk is involved, get advice specific to your situation — including from an employment lawyer where needed.