Ontario’s employment standards landscape has shifted significantly over the past year. Through the Working for Workers Four Act, 2024 and Working for Workers Five Act, 2024, the province has introduced a suite of new obligations that affect how employers post jobs, screen candidates, and onboard new hires. If your organization employs 25 or more people in Ontario, two sets of rules now apply: a new hire information requirement that has been in force since July 1, 2025, and a comprehensive set of job posting transparency rules that came into effect on January 1, 2026.
This article sets out what the rules require, where the practical risks sit, and what employers should have in place now.
Part 1: New hire information requirements (in force July 1, 2025)
Under amendments to Ontario Regulation 285/01, employers with 25 or more employees are required to provide every new hire with a written document containing specified employment information. The document must be provided before the employee’s first day of work. If that is not practicable, it must be provided as soon as reasonably possible after the first day.
What the document must include
The written information must cover the following:
- Employer identity: The employer’s legal name and any operating or business name, if different.
- Contact information: The employer’s business address, telephone number, and one or more contact names.
- Work location: A general description of where the employee is anticipated to initially perform work. A precise address is not required.
- Starting compensation: The employee’s starting hourly or other wage rate, or commission structure, as applicable.
- Pay period: How often the employee will be paid.
- Initial hours of work: A general description of the employee’s initial anticipated hours. A precise daily or weekly schedule is not required.
Notably, assignment employees – those placed by a temporary help agency – are exempt from these requirements.
Who counts toward the 25-employee threshold?
The threshold is assessed on the new employee’s first day of work, and counts all employees employed in Ontario by the employer, including:
- Full-time, part-time, casual, and fixed-term employees
- Employees currently on lay-off, as long as the employment relationship has not been terminated
- Employees who are exempt from parts of the ESA (they still count toward the threshold even if the information requirement does not apply to them)
Where two or more employers are treated as a single employer under the ESA – for example, in a common employer situation – their Ontario employees are aggregated for the purpose of the count. Independent contractors are excluded.
Records of the information provided must be retained for at least three years after the employment relationship ends.
| PRACTICAL NOTE
Many employers already provide offer letters or employment agreements that cover some or all of this information. However, the new requirement is specific in its format and content – and a standard offer letter may not tick every box. Employers should review their current onboarding documents against the prescribed list and update templates accordingly. The safest approach is a dedicated ESA information document, separate from the employment agreement. |
Part 2: Job posting transparency rules (in force January 1, 2026)
Through Ontario Regulation 476/24 and the new Part III.1 of the Employment Standards Act, 2000, Ontario has introduced five distinct obligations that apply to publicly advertised job postings. These rules apply to employers with 25 or more employees on the day the job posting is published.
What is a “publicly advertised job posting”?
The regulation defines a publicly advertised job posting as an external job posting that an employer, or a person acting on behalf of an employer, advertises to the general public in any manner. The following are expressly excluded:
- 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 restricted to existing employees of the employer
- A posting for a position where all work is performed outside Ontario, unless the work outside Ontario is a continuation of work performed in Ontario
The practical scope is broad. Job boards, company websites, LinkedIn posts, and recruitment platforms all fall within the definition when advertising a specific external role.
The five requirements
| Requirement | What it means in practice |
| Pay transparency | Every posting must include the expected compensation or a compensation range. Ranges cannot span more than $50,000. Roles with expected compensation above $200,000 annually are exempt. “Compensation” follows the ESA definition of wages and includes most forms of monetary remuneration. Vague language like “competitive salary” no longer meets the standard on its own. |
| Vacancy disclosure | Postings must state whether the role is for an existing vacancy or is building a candidate pool for future openings. A simple statement in the posting is sufficient. |
| AI disclosure | If the employer uses artificial intelligence at any stage of the hiring process – screening, assessing, or selecting applicants – the posting must say so. The regulation defines AI broadly as any machine-based system that uses inference to generate outputs such as predictions, recommendations, or decisions. |
| No Canadian experience requirement | Employers cannot require Canadian work experience in job postings or application forms. This prohibition applies regardless of employer size. |
| Post-interview communication | Once a hiring decision has been made on a publicly advertised role, employers must notify all applicants who were interviewed whether or not they were selected. This communication must be sent within 45 days of the interviewee’s last interview. |
Record retention
Employers must retain copies of all publicly advertised job postings and all applications received for at least three years after the posting is removed. This applies even if no hire is made.
| ON THE AI DISCLOSURE REQUIREMENT
This is the provision most likely to catch employers off-guard. The definition of artificial intelligence in the regulation is deliberately wide. If your applicant tracking system uses automated scoring or ranking features, or if you use any third-party screening tool that filters candidates algorithmically, you likely have a disclosure obligation. The disclosure does not require a detailed technical description – a clear statement in the posting that AI is used in the hiring process is sufficient. But the trigger for disclosure is the use of any qualifying AI tool, not just purpose-built hiring AI. |
What employers should do now
Both sets of requirements are now in force. For employers who have not yet fully updated their processes, the priority actions are:
| ✓ | Review your new hire onboarding documents
Check whether your current offer letter or employment agreement contains all six required items. If not, create a separate ESA information sheet as a standard template for all new hires. |
| ✓ | Audit your job posting templates
Update all posting templates to include salary or salary range, vacancy status, and AI disclosure where applicable. Remove any Canadian experience requirements. |
| ✓ | Assess your hiring technology
Identify any tools used in your recruitment process that might qualify as AI under the regulation. Update your posting template to include a disclosure if they do. |
| ✓ | Set up a post-interview notification process
The 45-day clock starts from the last interview. Ensure your recruitment team has a process for sending hiring decision notifications to all interviewees, including unsuccessful ones. |
| ✓ | Update your record retention policy
Job postings and applications must be kept for three years. Confirm your systems support this retention period, particularly for roles posted on third-party platforms. |
| ✓ | Review the employee count threshold regularly
If your headcount fluctuates around the 25-employee mark, build in a process to verify the count on each new hire’s start date and each posting date. |
A note on enforcement
The new job posting requirements are enforceable under the ESA. The Ministry of Labour can investigate complaints and issue compliance orders. Employers who fail to comply may be subject to penalties.
It is also worth noting that non-compliance can surface in the context of employment litigation. Where a wrongful dismissal or constructive dismissal claim is brought, opposing counsel may scrutinize whether hiring and onboarding practices met statutory requirements. Deficiencies in documentation – including the absence of a proper new hire information document – can affect the strength of an employer’s position in those proceedings.
How Rozek & Co can help
We advise employers on ESA compliance as part of our broader employment law practice. If you need to update your employment agreement templates, new hire documentation, or job posting procedures to reflect these requirements, we can review what you have and help you build what you need.
If a dispute has already arisen – whether a complaint to the Ministry, a wrongful dismissal claim, or a question about whether a particular hiring practice is compliant – we provide direct, partner-led advice on how to respond.
To discuss your organization’s compliance with Ontario’s new hiring transparency requirements, contact Rozek & Co. We will give you a straightforward assessment of where you stand and what, if anything, needs to change.
This article reflects Ontario employment law as at May 2026 and is intended for general information only. It does not constitute legal advice. Employers should obtain specific legal advice regarding their particular circumstances. The legislation referenced includes: Working for Workers Four Act, 2024 (Bill 149); Working for Workers Five Act, 2024 (Bill 190); Ontario Regulation 476/24 (Rules and Exemptions re Job Postings); Ontario Regulation 285/01 (When Work Deemed to be Performed, Exemptions and Special Rules), as amended by O. Reg. 477/24.
