Ontario’s pay transparency and hiring rules are now fully in effect.
As of January 1, 2026, employers across Ontario are required to comply with new pay transparency and job posting obligations introduced through the Working for Workers Four and Five Acts. These changes significantly alter how many employers advertise jobs, communicate with candidates, and document hiring decisions under the Employment Standards Act, 2000 (ESA).
In addition, since July 1, 2025, employers with 25 or more employees have been required to provide specific written information to new hires at the start of employment.
Employers that have not updated their job postings, hiring processes, and recordkeeping practices may now face increased risk of complaints, inspections, and enforcement action.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“These rules are now law. Employers need to be confident that their hiring practices reflect what the ESA currently requires, not what it required before 2026.”
Key Changes at a Glance
Ontario employers with 25 or more employees must now:
- Include salary or wage information in most publicly advertised job postings
- Disclose the use of artificial intelligence (AI) in hiring
- Confirm whether a posting is for a current vacancy
- Remove Canadian experience requirements from job postings and application forms
- Notify interviewed candidates of hiring decisions within 45 days
- Provide mandatory written job information to new hires
- Retain hiring records for at least three years
Pay Transparency Requirements for Job Postings (In Force January 1, 2026)
Publicly advertised job postings in Ontario must now include specific information intended to promote transparency and fairness in hiring.
Salary or Wage Information Is Mandatory
Job postings must include either:
- A specific rate of pay, or
- A salary or wage range that is no wider than $50,000
This requirement does not apply where the top end of the range exceeds $200,000 annually.
All Forms of Pay Must Be Accurately Reflected
Under the ESA, “wages” include more than base salary.
Employers must ensure job postings reflect all non-discretionary compensation, such as:
- Bonuses
- Commissions
- Other guaranteed forms of pay
Failing to accurately describe compensation may expose employers to complaints or enforcement action.
Additional Mandatory Job Posting Disclosures
Job postings must now also state:
- Whether artificial intelligence (AI) is used to screen, assess, or select applicants
- Whether the posting is for a current vacancy
Employers must not:
- Require or reference Canadian experience in job postings or application forms
Mandatory Follow-Up With Interviewed Candidates
Ontario employers are now required to follow up with candidates who are interviewed for publicly advertised roles.
Employers must:
- Notify each interviewed applicant of the hiring decision
- Provide notification within 45 days of the applicant’s final interview
- Deliver the notification in writing or in person
- Retain records of that communication for three years
This requirement applies only to applicants who were interviewed.
It does not apply to individuals who submitted resumes or were screened but not interviewed.
Which Employers Must Comply?
These pay transparency and hiring obligations apply to employers with 25 or more employees in Ontario.
They do not apply to:
- Employers with fewer than 25 employees
- General recruitment campaigns not tied to a specific role (such as help-wanted signs)
- Temporary help agencies, which are governed by separate ESA provisions
Recordkeeping Obligations
Employers must retain the following records for three years after a job posting is no longer publicly available:
- The job posting
- Application forms used
- Interview follow-up communications
Well-organized recordkeeping systems are now essential to demonstrate compliance during inspections or investigations.
Job Information for New Hires (In Force Since July 1, 2025)
In addition to pay transparency rules, employers with 25 or more employees must provide new hires with written job information either before their first day of work or as soon as reasonably possible afterward.
This information must include:
- The employer’s legal and operating names
- Employer contact information
- Initial work location
- Starting wage, pay period, and payday
- A general description of initial hours of work
This requirement applies regardless of whether the role was publicly advertised.
What Ontario Employers Should Be Doing Now
With these changes in force, employers should be focused on compliance and risk reduction.
Review Job Posting Templates
- Confirm all postings include compliant pay information and required disclosures.
Audit Hiring Practices
- Identify any use of AI in recruitment and ensure it is disclosed.
- Remove any reference to Canadian experience.
Formalize Candidate Communications
- Implement a reliable process to notify interviewed candidates within 45 days and retain proof of communication.
Train Hiring and HR Teams
- Ensure everyone involved in recruitment understands the new obligations and uses updated templates and workflows.
Strengthen Recordkeeping
- Maintain secure, accessible records of job postings, applications, and candidate communications for at least three years.
Need Help Ensuring Compliance?
Ontario’s employment standards landscape continues to evolve, and enforcement is expected to increase.
At Achkar Law, we assist employers across Ontario with:
- Updating job postings and hiring practices
- Implementing compliant communication and recordkeeping systems
- Managing ESA and Human Rights Code obligations
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©
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