Last year, we reported on several upcoming amendments to the Ontario Employment Standards Act, 2000. One of the issues we flagged related to new obligations that would apply to publicly advertised job postings. Further guidance has been provided on this issue by way of a regulation (O. Reg. 476/24) that will come into force on January 1, 2026.
Below is a brief summary of what is coming up with respect to publicly advertised job postings.
Applicability: The new rules only apply to employers with 25 or more employees on the day the publicly advertised job posting is posted.
Publicly advertised job posting means an external job posting that an employer or a person acting on behalf of an employer advertises to the general public in any manner, but does not include:
- A general recruitment campaign that does not advertise a specific position.
- A general help wanted sign that does not advertise a specific position.
- A posting for a position that is restricted to existing employees of the employer.
- A posting for a position for which work is to be performed outside of Ontario or performed outside of Ontario and in Ontario and the work performed outside of Ontario is not a continuation of work performed in Ontario.
Compensation Range Disclosure: Publicly advertised job postings must include a compensation range, unless the position pays more than $200,000 annually or the compensation range exceeds $200,000 at the upper limit. Additionally, compensation ranges provided cannot exceed $50,000.
Reminder: As we previously reported, employers are prohibited from including any requirements related to Canadian work experience in the job postings. Also, if an employer uses AI to screen, assess, or select applicants, it will have to disclose same in the job posting.
What does this all mean for Ontario employers?
Employers are encouraged to review their hiring practices now to ensure they comply when the time comes. If you have any questions or need guidance, please reach out to one of our team members.
This publication is intended for general information purposes only and should not be relied upon as legal advice.
