Ontario's new job posting rules: pay ranges, AI disclosure and what startups must change

Ontario’s job posting rules changed on January 1, 2026. For a startup that is growing past its first couple of dozen people, the change is practical: the template you post on LinkedIn, your careers page and job boards probably needs new lines, and your applicant tracking system may need a new workflow.

This post is general information, not legal advice.

Who the rules apply to

The requirements, in Part III.1 of the Employment Standards Act, 2000 (sections 8.1 to 8.6), apply to employers with 25 or more employees on the day a job posting is published. Ontario’s guide says part-time and casual employees each count as one employee, whatever their hours. Contractors who are truly independent contractors aren’t employees, but if your “contractors” are really employees, they count. See employee or contractor.

The rules cover a “publicly advertised job posting”: an external posting advertised to the general public in any manner, by you or someone acting for you, such as a recruiter. They don’t cover general recruitment campaigns that don’t advertise a specific position, general “help wanted” signs, postings open only to existing employees, or positions for work performed outside Ontario.

If you’re under 25 employees, the rules don’t bind you yet, but building them into your template now saves a rewrite later.

What every posting must include

Expected pay or a pay range. The posting must state the expected compensation or a range. A range can’t be wider than $50,000 (for example, $85,000 to $135,000). The pay requirement doesn’t apply where the compensation, or the top of the range, is more than $200,000 a year.

For startups that pay partly in equity, the requirement is about compensation the ESA recognizes. If you mention options, describe them accurately and don’t let them stand in for the salary figure. Your stock option plan sets out what an option grant actually gives.

Whether you use AI to screen, assess or select applicants. If you, or a recruiter acting for you, use artificial intelligence to screen, assess or select applicants for the position, the posting must say so. Ontario’s guide says a detailed description of the system isn’t needed. The definition of artificial intelligence is broad: a machine-based system that, for explicit or implicit objectives, infers from its inputs to generate outputs such as predictions, content, recommendations or decisions.

That likely catches more than founders expect. Resume ranking in an applicant tracking system, AI-scored coding tests and tools that summarize or rank interview recordings may all count. Ask each vendor what its product does with applicant data before you decide your posting doesn’t need the statement.

Whether the job is an existing vacancy. Postings must say whether the role is an existing vacancy. Startups that post “evergreen” roles to build a pipeline need to say there is no current vacancy.

What you can’t do

You can’t include a requirement for Canadian experience in the posting or in any associated application form.

After the interview

If you interview an applicant for a publicly advertised posting, you must tell them whether a hiring decision has been made within 45 days after their last interview. Ontario’s guide lists acceptable methods, including in person, in writing, by phone, by email or text, or through an applicant portal. A short templated email meets the requirement for most startups. Build the reminder into your hiring process so it doesn’t depend on a busy founder remembering.

Records

Keep copies of each publicly advertised posting and the associated application forms for three years after the posting is taken down from public view. Keep the records showing you told interviewed applicants about the decision for three years after you gave them that information. The detail is in O. Reg. 476/24 and Ontario’s guide.

Privacy and AI hiring tools

Putting an AI statement in the posting doesn’t settle how the tool uses personal information. Applicants’ resumes and recordings are personal information. In Ontario, employee and applicant information held by most private sector startups is generally outside PIPEDA, which covers commercial activity, but if you hire in Quebec, British Columbia or Alberta, their private sector privacy statutes apply to personal information about employees and job applicants, with their own rules. Quebec’s private sector law (section 12.1) also requires notice when a decision is based exclusively on automated processing. Read your vendor’s terms on retention, training use and where data is stored.

A checklist for your posting template

• Count employees on the posting date, including part-time and casual staff.
• Add a pay line or a range no wider than $50,000, unless the role is above $200,000.
• Ask each recruiting vendor whether its product uses AI to screen, assess or select, and add the statement if it does.
• Say whether the role is an existing vacancy.
• Remove any “Canadian experience” requirement from postings and application forms.
• Set up a 45-day follow-up for interviewed applicants.
• Keep the posting, application form and follow-up records for three years.

Ontario also requires employers with 25 or more employees to have a written electronic monitoring policy. If you’re crossing 25 employees, check that at the same time.

We prepare employment agreements and contractor agreements at fixed fees, listed on our fees page. If you’d like to talk through your hiring setup, book a free 15-minute consult.