Table of Contents
- What Is a “Publicly Advertised Job Posting”?
- Key Changes Coming Under the Working for Workers Four Act, 2024
- Why This Law Matters
- What Employers Should Do Now
- How Lecker & Associates Can Help
Big changes are coming to Ontario’s hiring landscape in hopes of making the job-hunting process more accessible and less frustrating with the Working for Workers Act. Many job seekers in Ontario have become accustomed to submitting countless applications without knowing what the position pays or, in some cases, whether the job posting is legitimate. Those who are fortunate enough to make it through overly selective AI screening tools may still be left without a response after an interview. For many, this frustrating cycle has become a familiar part of the job search process. Under the Working for Workers Four Act, 2024 (formerly Bill 149), employers in the province will soon face a set of mandatory job posting requirements aimed at increasing transparency, fairness, and accountability in recruitment.
Effective January 1, 2026, employers with 25 or more employees will be required to comply with a range of new obligations when advertising jobs to the public. These changes amend Ontario’s Employment Standards Act, 2000 (ESA) and signal a significant shift in how hiring practices are regulated.
If you’re an employer or a job seeker looking to understand these legal changes, speaking with one of our expert Toronto employment lawyers can help you navigate the implications effectively.
These new requirements specifically apply to publicly advertised jobs in Ontario, with some exclusions.
What Is a “Publicly Advertised Job Posting”?
The regulation defines this as any external job posting intended for the general public. This includes
- Online job ads
- Social media posts
- Public job boards
Exclusions include:
- Internal-only postings for current employees
- General recruitment ads not tied to a specific job
- Nonspecific “help wanted” signs
Key Changes Coming Under the Working for Workers Four Act, 2024
Here’s what employees and employers need to know:
1. Mandatory Compensation Disclosure
All publicly advertised job postings must now include what the position pays or the projected range of pay.
- The range cannot exceed more than $50,000 annually.
- This requirement does not apply to roles with earnings over $200,000 per year.
In the past, employers were able to post jobs without clearly stating the pay, which enabled some to act in bad faith. Many employers did not want to include what the position paid because they had no intention of paying competitive wages. Applicants would only learn this unfortunate fact after investing time in the process. This omission allowed prospective employers to take advantage of the applicants who were uncomfortable negotiating or those under pressure to accept whatever was offered. With mandatory wage transparency, applicants now have the information they need upfront to evaluate whether a role is worth pursuing. This legislation not only supports fairer decision-making, but also encourages employers to offer competitive wages, since job seekers are more likely to choose positions that compensate them favourably.
Ontario’s move toward pay transparency aligns with broader global efforts to reduce discriminatory wage gaps and promote fair compensation from the outset.
2. No More “Canadian Experience” Requirements
Employers are now prohibited from requiring Canadian work experience in any publicly advertised job posting or application form.
According to the Ontario Human Rights Commission (OHRC), requiring Canadian work experience is discriminatory because it potentially violates the Ontario Human Rights Code. Under the Code, discrimination based on factors like ethnicity or place of origin are prohibited. The OHRC’s position is that employers should focus on the capabilities of applicants, rather than the countries they came from or practiced in. For example, regulatory bodies, like the one that oversees engineers, are transitioning to a skill-based model of assessment. This allows them to effectively evaluate a professional’s skills while still enforcing strict standards. This change will be particularly impactful for newcomers to Canada, removing a barrier that often prevented qualified individuals from accessing opportunities.
As a Toronto employment law firm, Lecker & Associates is well-positioned to help employers and employees interpret and implement these new requirements.
3. Disclosure of Artificial Intelligence (AI)
Companies must now clearly state in the job posting if AI tools are used to screen, assess, or select applicants.
AI is defined as any machine-based system that generates outputs, such as recommendations or decisions, informed by received input. Many companies rely on AI to filter resumes, assess suitability of candidates, and highlight the most relevant applicants based on limited factors like key terms and buzzwords. However, recruitment that heavily relies on AI becomes problematic when algorithms favour certain demographics over others, eliminating favourable candidates for arbitrary or even discriminatory reasons. With growing concern around the usage of AI and how it may infringe on human rights, these new requirements aim at reducing that risk.
If applicants suspect that AI bias influenced their assessment for a job unfairly, they may wish to consult a Toronto employment lawyer to discuss potential legal options.
4. Statement of Vacancy Requirement
Employers must now indicate whether the job posting relates to an existing vacancy. While further details may be added through future regulation, this foundational requirement is already law.
Requiring employers to specify whether a job posting is for a currently available position helps prevent situations where companies advertise roles they have no intention of filling. These kinds of postings can give the impression that an opportunity exists when it doesn’t, ultimately wasting applicants’ time and effort. By requiring employers to disclose whether a position is truly open, candidates have more clarity upfront, and employers are discouraged from using job postings to collect data or gather market information.
5. Candidate Communication Requirements
If an applicant is interviewed for a publicly advertised job, the employer must notify them whether a hiring decision has been made within 45 days of the final interview. This includes interviews conducted in person, over the phone, or via video.
With the rise of AI usage in the recruitment process, a trend of employers failing to inform interviewed applicants about the status of their candidacy has emerged. The legislation ensures those who have invested time and energy in a formal interview receive critical information about their application status, so they aren’t left in limbo. The process of applying and interviewing for jobs is already stressful, it does not need any added unpleasantness.
This new requirement sets out to improve a candidate’s experience by providing closure to the interview process and allows candidates to make informed decisions about other opportunities.
6. New Record-Keeping Obligations
Employers will be required to keep
- Copies of job postings and applications for 3 years after the posting is removed
- Records of communications with interviewed applicants for 3 years after the information was shared
Requiring employers to maintain clear records of their hiring practices keeps them accountable. These documents may also be helpful in the future when resolving disputes or demonstrating compliance with employment standards. At the same time, thorough record-keeping benefits applicants by preserving accurate information about roles, responsibilities, and candidate history, ensuring fairness in the hiring process.
This is a major shift in employment compliance and will require businesses to overhaul how they document their hiring processes.
A Toronto employment lawyer at Lecker & Associates can help employers ensure their HR systems are updated to meet these legal obligations.
Why This Law Matters
For employers, the Working for Workers Four Act, 2024, introduces a new layer of legal risk. Every misstep, whether failing to disclose compensation or neglecting to respond to candidates, could result in compliance violations or even legal action.
For employees and job seekers, these changes represent progress. They promote fairer hiring, reduce systemic discrimination, and give candidates more tools to understand how decisions are made.
What Employers Should Do Now
Although the new law doesn’t take effect until January 1, 2026, the time to act is now. Employers should:
- Update all job posting templates to include compensation and vacancy details
- Remove any reference to Canadian experience from applications
- Audit any AI systems used in hiring and ensure disclosure
- Train HR staff and hiring managers on new legal obligations
- Implement secure, compliant record-keeping practices
- Establish procedures to deliver timely communication of hiring decisions to applicants
Our Toronto employment law firm can help ensure you’re prepared.
How Lecker & Associates Can Help
At Lecker & Associates, we represent both employers and employees across Ontario. Our experienced Toronto employment lawyers provide trusted advice on hiring practices, employment standards compliance, and workplace rights.
Take the first step toward protecting yourself, and your career, and book a consultation today. If you have questions about your employment contract or need advice before signing, book a no-charge confidential consultation with our experienced employment lawyers in Toronto.
📞 Call 416-223-5391 e-mail us at intake@leckerslaw.com or book your no charge consultation today.
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