Ontario Announces Effective Dates for Job Posting and Pay Transparency, and Employment Information Requirements

The Ontario government recently announced January 1, 2026, as the effective date for the new pay transparency requirements in relation to publicly advertised job postings under the Ontario Employment Standards Act, 2000 (the “ESA”). These changes were introduced under the Working for Workers Four Act, 2024 (“Bill 149”), which received Royal Assent earlier this year, and through Ontario Regulation 476/24 (Rules and Exemptions re Job Postings).

It was also announced that as of July 1, 2025, employers must comply with the newly added provisions to Ontario Regulation 285/01 (When Work Deemed to be Performed, Exemptions and Special Rules) in respect of information that must be provided to newly hired employees.

Job Posting and Pay Transparency Requirements        

Requirements Effective January 1, 2026:

A “publicly advertised job posting” is defined in the ESA 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 but does not include,

1. a general recruitment campaign that does not advertise a specific position,
2. a general help wanted sign that does not advertise a specific position,
3. a posting for a position that is restricted to existing employees of the employer, or
4. a posting for a position for which work is to be:

              i. performed outside Ontario, or

             ii. performed outside Ontario and in Ontario and the work performed outside Ontario is not a continuation of work performed in Ontario.

The requirements in respect of “publicly advertised job postings” are as follows:

• Compensation Range Information: Employers must include information in the publicly advertised job posting about the expected compensation or the range of expected compensation for the position. If an employer provides a range of compensation, such range must not exceed $50,000 (for example, $100,000 to $150,000). For the purposes of this section, compensation means "wages" as defined under section 1(1) of the ESA. This requirement does not apply to job postings that have an expected annual compensation of more than $200,000 or where the position has a range of expected compensation that ends at an amount of more than $200,000 annually.
• Canadian Experience: Employers are prohibited from including requirements relating to "Canadian experience" in publicly advertised job postings or associated application forms. We have previously written in detail about this incoming restriction.
• Use of Artificial Intelligence: Employers who use artificial intelligence to screen, assess or select applicants for the position must include a statement disclosing the use of artificial intelligence in the publicly advertised job posting. For the purposes of this section, “artificial intelligence” is defined as 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.
• Existing Vacancy: Employers must include a statement in the publicly advertised job posting disclosing whether or not the posting is for an existing position vacancy.
• Information to Applicants after Interview: If an employer interviews an applicant for a publicly advertised job posting, the employer must, within forty-five (45) days after the date of the last interview, inform the interviewee whether a hiring decision has been made in respect of the job posting. Such information must be communicated in person, in writing, or using technology.
• Record Retention: Employers must retain a record of every publicly advertised job posting and any associated application forms, for three (3) years after access to the posting by the general public is removed.

Key Takeaways for Employers:

Although these provisions are not yet in force, employers can preemptively review and make changes to their job posting practices, related templates, and any policies that govern publicly advertised job postings, to ensure compliance with the upcoming changes.

Notably, the publicly advertised job posting provisions do not apply to employers with less than twenty-five (25) employees on the day the publicly advertised job is posted.

Employment Information for New Hires

Requirements Effective July 1, 2025:

Employers will be required to provide employees with the following information, in writing, before their first day of work, or if that is not practicable, as soon as reasonably possible:

• The legal name of the employer, as well as any operating or business name of the employer if different from the legal name;
• Contact information for the employer, including address, telephone number and one or more contact names;
• A general description of where it is anticipated that the employee will initially perform work;
• The employee’s starting hourly or other wage rate or commission, as applicable;
• The pay period and pay day established by the employer; and
• A general description of the employee’s initial anticipated hours of work.

The employment information requirements do not apply to the following:

• employers with less than twenty-five (25) employees on the employee's first day of work; or
• an employee who is an assignment employee.

For greater clarity, "assignment employees" are defined in the ESA as an employee employed by a temporary help agency for the purpose of being assigned to perform work on a temporary basis for clients of the agency.

Key Takeaways for Employers:

Employers are encouraged to preemptively review and amend their employment agreement templates and other onboarding documents to ensure the employment information required is included.

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