Tell us what you think about the information on this page and how you’re using it. Take our survey.

Overview

As of January 1, 2026, there are new requirements under the Employment Standards Act, 2000 (ESA) for employers, including prospective employers, who advertise publicly advertised job postings and for persons who operate job posting platforms (see exceptions below).

Employers who advertise publicly advertised job postings

Employers are required to include the following information in a publicly advertised job posting:

Employers are prohibited from including in a publicly advertised job posting, or in any associated application form, any requirements related to Canadian experience.

If an employer interviews an applicant for a publicly advertised job posting, they are required to tell that applicant, within a specified time frame, whether a hiring decision has been made for that posting.

If an employer uses a third party to advertise a publicly advertised job posting or advertises the posting on a third-party website (for example, a job bank), the employer is responsible for ensuring the requirements are followed.

These rules generally apply to publicly advertised job postings that are posted on or after January 1, 2026. The requirement to provide information to an applicant interviewed for a position applies if the interview took place on or after January 1, 2026, even if the publicly advertised job posting was posted before January 1, 2026.

Persons who operate job posting platforms

A person, including a corporation, who operates a job posting platform must have in place a mechanism or procedure for users of the platform to report fraudulent publicly advertised job postings to the person operating the platform. The person must display the mechanism or procedure in a conspicuous place on the platform where it is likely to come to the attention of the users of the platform.

A person operating a job posting platform must have a written policy about how the person will address fraudulent publicly advertised job postings. The person must post the policy, and keep it posted, in at least one conspicuous place on the job posting platform where it is likely to come to the attention of the users of the platform.

When the requirements do not apply

The requirements for publicly advertised job postings do not apply to an employer that employs fewer than 25 employees on the day the publicly advertised job posting is posted.

The obligations relating to fraudulent publicly advertised job postings apply to persons operating job posting platforms, regardless of the number of employees they employ.

In addition, none of the requirements apply to the Crown, a Crown agency or an authority, board, commission or corporation whose members are all appointed by the Crown and their employees.

25 or more employees on the day the publicly advertised job posting is posted

To determine how many employees they have, the employer must count the number of employees it employs on the day the publicly advertised job posting is posted.

It is the individual number of employees that are counted, and not the number of "full-time equivalents." Part-time employees and casual employees each count as 1 employee, regardless of the number of hours they work. For example, if an employer employs 20 part-time employees and 5 full-time employees, they employ 25 employees.

Related employers

In certain circumstances, 2 or more employers may be treated as 1 employer under the ESA.

If 2 or more employers are treated as 1 employer, then all employees employed in Ontario by these 2 or more employers are included in the count.

Multiple locations

Where an employer has multiple locations, all employees employed at each location in Ontario must be included when determining whether the 25-employee threshold has been met.

For example, an employer owns 3 sandwich shops with 12 employees employed in each shop on February 1, 2026. This employer employs 36 employees. On February 1, 2026, the employer posts a publicly advertised job posting and must follow the job posting requirements, even though there are fewer than 25 employees employed at each individual shop.

Employees to include in the count

Anyone who meets the definition of "employee" is counted, including:

  • homeworkers
  • probationary employees
  • some trainees
  • officers of a corporation who perform work or supply services for wages
  • employees on definite term or specific task contracts of any length
  • employees who are on lay-off, so long as the employment relationship has not been terminated and/or severed
  • employees who are on a leave of absence
  • employees who are on strike or who are locked-out
  • employees who are exempt from the application of all or part(s) of the ESA

Temporary help agencies

Assignment employees of temporary help agencies are employees of the agency and are included in the count to determine if the temporary help agency has met the 25-employee threshold. Assignment employees of temporary help agencies are not included in the count to determine whether the client the employee is assigned to meets the threshold.

Definitions

Publicly advertised job posting

An external job posting that an employer or a person acting on their behalf advertises to the general public in any manner.

A publicly advertised job posting 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 (that is, positions for which only existing employees of the employer are eligible to apply)
  • a posting for a position where work is to be either:
    • performed outside Ontario
    • performed outside Ontario and in Ontario and the work performed outside Ontario is not a continuation of work performed in Ontario

A specific position refers to a defined function that an individual performs for the employer. An example of a general help wanted sign or general recruitment campaign that does not advertise a specific position is an advertisement that only reads “we are hiring” or “we are always looking for talent”.

Note that where an employer includes in the posting a link to a website or a copy of a document containing information relevant to the posting, the information included in those sources is considered to be part of the posting.

Job posting platform

An online platform that displays publicly advertised job postings. For example, a platform made available to job seekers through a web browser, a mobile application or other online interface, which allows employers, or persons acting on behalf of employers, to advertise publicly advertised job postings.

A job posting platform does not include a platform operated by an employer that only advertises for positions with that employer. For example, ABC Inc. is a toy manufacturing company that operates a website which includes a page that advertises positions with the company (and no other positions). The website operated by ABC Inc. is not a job posting platform within the meaning of the ESA.

Where an employer’s online platform advertises both positions with that employer and positions with another employer, it is a job posting platform under the ESA. For example, XYZ Inc. is a consulting firm that operates an online platform that advertises both positions with XYZ Inc. and publicly advertised job postings for positions being filled by its clients. The website operated by XYZ Inc. is a job posting platform, and XYZ Inc. must follow the requirements set out in the ESA for persons operating job posting platforms.

Artificial intelligence (AI)

A machine-based system that, for explicit or implicit objectives, infers from the input it receives in order to generate outputs such as predictions, content, recommendations or decisions that can influence physical or virtual environments.

This definition captures AI-based systems and applications ranging from simple to complex. Whether a particular system falls within the scope of the definition of “artificial intelligence” under the ESA will depend on the specific facts of each case.

Compensation

Wages, which under the ESA means:

  • monetary remuneration payable by an employer to an employee under the terms of an employment contract, oral or written, express or implied
  • any payment required to be made by an employer to an employee under the ESA, and
  • any allowances for room or board under an employment contract or those prescribed under the ESA

It does not include:

  • tips or other gratuities
  • any sums paid as gifts or bonuses that are dependent on the discretion of the employer and that are not related to hours, production or efficiency
  • expenses and travelling allowances, or
  • subject to some exceptions, employer contributions to a benefit plan and payments to which an employee is entitled from a benefit plan.

For example, compensation includes items such as an hourly rate, salary, commission, piece work rate, or a bonus that is related to the employee’s hours of work, production or efficiency.

On the other hand, compensation excludes items such as tips, travel expense reimbursements, stock options, or bonuses that are both discretionary and unrelated to hours of work, production or efficiency.

Interview

A meeting in person or a meeting using technology (for example, teleconference or videoconference technology) between an applicant who has applied to a publicly advertised job posting and an employer, or a person acting on behalf of an employer (for example, a third-party recruiter), where questions are asked and answers are given to assess the applicant’s suitability for the position.

An interview does not include a preliminary screening before the selection of which applicants to interview.

A preliminary screening is generally an initial step in the recruitment process, taken by the employer to filter the applicant pool to arrive at a selection of candidates who are most qualified for the position. For example, a phone call to confirm that the applicant meets the minimum qualifications for the position, or to clarify information provided in their application.

Whether a meeting falls within the definition of “interview” will depend on the circumstances. The question is whether the purpose of the meeting is to determine if the applicant meets the minimum qualifications to be considered for the position (a preliminary screening) or to assess the applicant’s suitability for the position after it has been determined that they meet the minimum qualifications (an interview).

Requirements for employers who advertise publicly advertised job postings

Information about expected compensation

In a publicly advertised job posting, employers must include in the posting information about the expected compensation or range of expected compensation for the position.

This requirement does not apply if either the:

  • expected compensation is equivalent to more than $200,000 per year
  • range of the expected compensation ends at an amount equivalent to more than $200,000 per year

For example, if the expected compensation for a position is $210,000, or the expected range is from $170,000 to $210,000, the employer is not required to include compensation information in the posting.

It is up to the employer to decide whether to include expected compensation or a range of expected compensation; they are not required to include both.

If the expected compensation package includes more than one type of compensation, the employer must include information about each type. For example, if the expected compensation consists of an hourly rate plus commission, the employer must provide information about both the hourly rate and the commission.

The employer is not required to include a detailed description of the compensation. For example, where the compensation includes commissions, the employer may state that the successful candidate can expect to earn up to a certain amount in sales commissions; the employer is not required to detail the commission rates and structure.

Where a monetary amount cannot be provided, the employer may provide information about how the compensation would be earned. For example: a bonus of up to 10% of the annual salary, based on individual performance.

Note: this requirement does not establish an obligation for an employer to offer employment to an applicant at the compensation level, or within the compensation range, set out in the publicly advertised job posting.

Limitation on range of compensation

In the case of a range, the range is limited to an amount equivalent to $50,000 per year or less.

For example: a range from $85,000 to $135,000 may be included in a publicly advertised job posting. On the contrary, a range from $85,000 to $140,000 cannot be included in a publicly advertised job posting because the range exceeds $50,000.

Note: this limitation only applies with respect to information that can be included in a publicly advertised job posting. The ESA does not prohibit an employer from implementing a compensation range that exceeds an amount equivalent to $50,000 per year.

Canadian experience requirements

Employers are prohibited from including in a publicly advertised job posting or any associated application form any requirements related to Canadian experience, including:

  • work experience
  • education credentials
  • a requirement to have an established professional network or client base

This ESA job posting prohibition does not apply to professional licensing or registration requirements.

Note that Canadian experience requirements may be subject to other statutes, such as the Ontario Human Rights Code (for more information, see the Ontario Human Rights Commission’s policy on Removing the “Canadian experience” barrier).

Use of artificial intelligence

If an employer uses artificial intelligence to screen, assess or select applicants for a publicly advertised job posting, the employer must disclose the use of the artificial intelligence in the posting.

This requirement applies equally where the employer engages a third party (for example, a recruiting firm) to screen, assess or select applicants on their behalf. The employer has the responsibility for ensuring that the required information is contained in the posting.

It is not necessary to provide a detailed description of the artificial intelligence system or the employer’s use of the system. It is enough for the employer to state that artificial intelligence is used to screen, assess or select applicants.

Statement disclosing if a vacancy exists

Employers who advertise a publicly advertised job posting must include a statement on whether the posting is for an existing vacancy or not, which means that:

  • if the posting is for an existing vacancy, the employer must state that it is for an existing vacancy
  • if the posting is not for an existing vacancy, the employer must state that there is no existing vacancy

An existing vacancy means a position that is imminently available for a qualified candidate to fill.

Note: this requirement does not create an obligation for an employer to fill the vacancy.

Information to applicants interviewed

If an employer interviews an applicant for a publicly advertised job posting, they are required to inform that applicant, within a specified timeframe, whether they have made a hiring decision for that posting.

This requirement applies equally where the employer engages a third party (for example, a recruiting firm) to interview applicants on their behalf. The employer may ask the third party to provide the information to the applicants on their behalf, but the employer has the responsibility for ensuring that this is done as required.

The employer must provide the information within 45 days after the date of the interview or, if the applicant is interviewed more than once, then within 45 days after the date of the last interview.

Where the interviews are fewer than 45 days apart, the employer is only required to inform the applicant once (that is, within 45 days after the date of the last interview). Where the interviews are more than 45 days apart, the employer must inform the applicant within 45 days after each interview.

The employer must provide the information in person, in writing or using technology. This includes telephone calls, videoconference, email and text message. In addition, an employer may post a status update to their website, job application portal, or other online database, so long as the applicant is provided with a link to the website, portal or database. 

Requirements for persons who operate job posting platforms

A person who operates a job posting platform is required to have the following things in place:

  • A mechanism or procedure for users of the platform to report fraudulent publicly advertised job postings. This mechanism or procedure must be displayed in a visible place on the platform where it is likely to come to the attention of users
  • A written policy about fraudulent publicly advertised job postings, which must include information about how fraudulent publicly advertised job postings are addressed. The written policy must be posted in at least one visible place on the platform where it is likely to come to the attention of users

If the person operating the platform changes or updates the written policy, they must post a revised copy.

Generally, a publicly advertised job posting is considered fraudulent if there is an intent to defraud for an improper purpose, contrasted with an honest and unintentional mistake. For example: where the posting advertises a position that does not exist for the purpose of deceiving applicants into sharing personal information for financial exploitation or identity theft.

Note this requirement does not create an obligation for a person operating a job posting platform to address fraudulent publicly advertised job postings in a particular manner. It is up to the person to decide how they will address fraudulent publicly advertised job postings.

Record-keeping requirements

Job postings

Employers must retain, or arrange for some other person to retain, a copy of every publicly advertised job posting, and any associated application form, for 3 years after access to the posting by the general public is removed.

Where the employer includes in the publicly advertised job posting a link to a website or a copy of a document with information relevant to the posting, the information included in those sources is part of the posting. As a result, the employer must retain a copy of any linked sources in addition to the job posting. 

If the content of the publicly advertised job posting is revised during its posting period, the employer must also retain a copy of each version of the posting that was advertised to the general public.

Information to applicants interviewed

Employers must retain, or arrange for some other person to retain, copies of all information required to be provided to an applicant who is interviewed for a publicly advertised job posting, for 3 years after the day the information was provided to that applicant.

This requirement applies regardless of the method used to provide the information to the applicant (for example, via a telephone call, email or job portal update).

Fraudulent job postings

A person who operates a job posting platform is required to retain, or arrange for some other person to retain, copies of every required written policy on fraudulent publicly advertised job postings for 3 years after the policy stops being in effect.

Enforcement and reporting

The Ministry of Labour, Immigration, Training and Skills Development (MLITSD) welcomes information about potential non-compliance related to the requirements for publicly advertised job postings.

All information provided by third parties to the ministry about possible violations, including information about job postings, is passed to the appropriate ministry staff for review and appropriate action.

To report potential non-compliance with the requirements for publicly advertised job postings under the ESA, please submit any inquiries to PubliclyAdvertisedJP@ontario.ca. Please ensure the following information is provided:

  • employer name and contact information
  • physical address of the business
  • link to or copy of the job posting

Employers who are found to be in contravention of the ESA can be subject to enforcement action, including monetary penalties or fines. To learn more about the ministry’s enforcement tools, please visit the Enforcement section in the Role of the ministry chapter of this guide.

Violations of the ESA can result in enforcement action

The type of enforcement action that can be taken depends on which provision of the ESA was contravened. Examples include:

  • a compliance order
  • a notice of contravention with a monetary penalty
  • prosecution

Prosecution

An employer or other person who is believed to have committed an offence under the ESA can be prosecuted under Part III of the Provincial Offences Act. It is an offence for an employer or other person to:

  • contravene the ESA or regulations
  • make or keep false records or other documents that must be kept under the ESA
  • provide false or misleading information under the ESA
  • fail to comply with an order, direction or other requirement under the ESA or regulations

If convicted, the employer or other person could be subject to a fine or a term of imprisonment or both. Individuals, if convicted of an offence, can be fined up to $100,000, imprisoned for up to 12 months, or both.

A corporation can be fined up to $100,000 for a first conviction. If the corporation has already been convicted of an offence under the ESA, it can be fined up to $250,000 for a second conviction. For a third or subsequent conviction, the corporation can be fined up to $500,000.

Complaints about job posting platforms

Note: if you have a complaint about fraudulent publicly advertised job postings, report the fraud to your local police and the Canadian Anti-Fraud Centre.