On January 2026, employers must adhere to mandatory requirements in all publicly advertised job postings such as Compensation Disclosure, Artificial Intelligence Disclosure, and Existing Vacancy Statements
Starting January 1, 2026, Ontario employers with 25 or more employees will need to comply with new pay transparency and job posting regulations introduced through Bill 149 and Bill 190. These new requirements aim to enhance transparency in job advertisements, promote fair hiring practices, and provide applicants with clearer expectations when applying for positions.
Key Requirements for Employers
Effective January 2026, employers must adhere to several mandatory requirements in all publicly advertised job postings. These include:
1. Compensation Disclosure
Employers must provide information on:
- The expected compensation for the position or a salary range.
- If the expected compensation or top end of the range is $200,000 CAD or less, the posted range cannot exceed $50,000 CAD.
- The definition of ‘compensation’ follows the same meaning as ‘wages’ under the Employment Standards Act, 2000.
2. Artificial Intelligence Disclosure
Employers are required to disclose if artificial intelligence (AI) is being used to:
- Screen
- Assess
- Select applicants for the position
AI is defined as a machine-based system that generates outputs such as predictions, content, recommendations, or decisions that influence environments.
3. Existing Vacancy Statement
Employers must indicate whether the job posting is for an existing vacancy within the organization.
Additional Provisions
In addition to job posting requirements, the legislation also introduces the following provisions:
1. Prohibition on Canadian Work Experience Requirements
Employers will no longer be permitted to include Canadian work experience as a mandatory requirement in publicly advertised job postings or related application forms.
2. Communication of Hiring Decisions
Employers must inform interviewees of their hiring decision within 45 days after their last interview. This notification can be provided:
- In-person
- In writing
- Digital communication methods
Scope of the Regulations
The regulations apply specifically to publicly advertised job postings, defined as “external job postings advertised to the general public.” However, the following are explicitly excluded:
- General recruitment campaigns that do not reference a specific position.
- “Help wanted” signs that do not specify a position.
- Internal job postings available only to existing employees.
- Positions that require work to be performed entirely outside Ontario or partially outside Ontario, with the external work not being a continuation of Ontario-based work.
Preparing for Compliance
Employers must begin preparing for these changes by:
- Reviewing and updating job posting templates to comply with the new compensation and AI disclosure requirements.
- Eliminating references to Canadian work experience in job descriptions and applications.
- Implementing processes to ensure timely communication of hiring decisions to candidates.
- Training HR teams and hiring managers on the new compliance obligations.
How Minken Employment Lawyers (Est. 1990) Can Help
Navigating these new regulations can be complex. At Minken Employment Lawyers (Est. 1990), we specialize in helping employers stay compliant with evolving employment laws. Our experienced team can assist you with reviewing job postings, updating hiring policies, and ensuring compliance with Ontario’s new requirements.
Contact us today at 905-477-7011 or contact@minken.com to ensure your organization is ready for these upcoming changes.
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Please note that this article is for informational purposes only and does not constitute legal advice.
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