Ontario Job Posting Law 2026: Salary Range, AI Disclosure and Record Requirements

Starting January 1, 2026, Ontario employers must follow new requirements for any publicly advertised job posting. These rules are designed to make hiring more transparent, fair and consistent for job seekers. If you are an employer, recruiter or staffing agency, it is important to understand what is changing, why it matters and how to stay compliant.

Below is a simple breakdown of what this means for you.

Why This Matters

These new rules go far beyond simple administration. They directly affect how employers attract talent, how candidates judge job opportunities and how hiring teams structure their processes. They reflect a larger shift toward fairness, clarity and accountability across the hiring landscape.

Here is why the new rules are important:

• Candidates expect more information. Salary ranges, timelines and screening transparency help job seekers make informed decisions.
• Removing barriers improves fairness. Banning the “Canadian experience” requirement opens doors for skilled newcomers.
• AI use must be transparent. If AI tools assist with screening, applicants must be told. This builds trust and reduces concerns about bias.
• Record keeping creates protection. Employers must retain postings and application forms for three years. This creates a reliable trail if questions or disputes arise.

The Key Requirements for 2026

Here is what employers must include in any publicly posted job:

• Compensation disclosure: Employers must list either a salary or a clear salary range unless the role exceeds $200,000 CAD in annual pay.
• No “Canadian experience” requirement: Employers cannot request Canadian work experience in job postings or application forms.
• AI screening disclosure: If artificial intelligence assists in screening or assessing applicants, the posting must state this.
• Vacancy status: Postings must indicate whether the job is for an existing vacancy or not.
• Three year record retention: Employers must retain copies of the posting and any associated application forms for a period of three years.

Sample AI Disclosure Language

If your organization uses artificial intelligence to screen, assess, or select applicants, your job posting must state this clearly. The disclosure requirement is broad and covers any system that generates predictions, recommendations, or decisions influencing hiring outcomes.​

What counts as AI in hiring:​

• Resume-screening algorithms
• Applicant tracking system (ATS) filters with automated scoring
• Video interview analysis tools
• Automated ranking or shortlisting programs
• Predictive hiring assessments

Compliant disclosure examples:

Basic disclosure (minimum requirement):

"This employer uses artificial intelligence technology to assist in screening, assessing, or selecting applicants for this position."​

Enhanced transparency (recommended):

"We use AI-powered resume screening software to help identify qualified candidates. All applications are also reviewed by our hiring team. If you have questions about how AI is used in our hiring process, please contact [recruitment contact]."

For ATS users:

"Applications are processed through an applicant tracking system that uses automated screening. Keywords related to job requirements help prioritize qualified candidates for human review."

For video interview tools:

"This role uses AI-assisted video interview technology to analyze responses and help assess candidate fit. Final hiring decisions are made by our recruitment team based on multiple evaluation factors."

What NOT to do:

Enforcement and Penalties

Understanding the consequences of non-compliance helps employers prioritize these requirements appropriately.

What happens if you don't comply:

The Employment Standards Act (ESA) provides enforcement mechanisms for violations of job posting requirements. While specific administrative penalties for O. Reg. 476/24 violations have not yet been published in detail, the ESA framework includes:​

• Investigations: Employment standards officers can enter workplaces without a warrant to investigate possible contraventions, inspect documents, question individuals, and require employers to complete self-audits.​
• Individual fines: Individuals convicted of contravening the ESA face fines up to $100,000 and/or 12 months imprisonment (increased from $50,000 as of October 28, 2024).​
• Corporate fines: Corporations face fines of up to $100,000 for a first conviction, $250,000 for a second conviction, and $500,000 for subsequent convictions.​
• Officer liability: Officers, directors, or agents of a corporation who permit the contravention are also liable on conviction for a fine or imprisonment.​

Practical risk considerations:

Even where enforcement hasn't been aggressive in early implementation, non-compliance creates several risks:

• Candidate complaints: Job seekers can file complaints with the Ministry of Labour
• Reputational damage: Public records of violations may be published
• Competitive disadvantage: Transparent competitors attract stronger talent
• Future exposure: Record-keeping requirements mean violations remain discoverable for three years

What If Your Company Has Fewer Than 25 Employees

If your organization has fewer than 25 employees, these rules do not legally apply. However, following them is still a smart move for several reasons:

• You reduce future compliance pressure: Hiring regulations often expand. Preparing now protects you later.
• You improve your employer brand: Transparency attracts stronger applicants, especially in competitive markets.
• You lower the risk of disputes: Avoiding restricted screening practices and disclosing automation helps prevent bias claims.

Practical steps for small employers

• Add salary ranges whenever possible. This improves trust and reduces guesswork.
• Avoid criteria that could discourage qualified applicants. This includes references to Canadian experience.
• Be transparent if you use automation or AI tools. A simple note helps build confidence.
• Update your job posting templates now. This makes scale and growth much easier in the future.

Compliant Job Posting

The best way to understand compliance is to see all requirements integrated into a real posting. Below is a Marketing Coordinator example showing how salary disclosure, AI transparency, vacancy status, and candidate communication work together.

Looking Ahead

The 2026 changes in Ontario are part of a much broader global shift toward pay transparency and clearer hiring practices. The jurisdictions listed in the table above represent the leading edge of requirements now active across North America and Europe.

From early adopters like British Columbia and California (2023) to the European Union's 2026 implementation across 27 member states, governments are requiring employers to disclose salary ranges, outline hiring criteria, and demonstrate transparency in how roles are evaluated. Ontario's new requirements place it squarely within this global movement, signaling that transparent hiring is becoming the standard rather than the exception.

As these standards become the norm, employers are expected to adapt. Job seekers, in turn, are becoming more informed and selective. Tools like Yotru help bridge this gap by supporting compliant, transparent, and ATS-ready job postings that align with evolving regulations and modern hiring expectations.