Key changes to Employment Standards Act affecting employers with 25+ employees, effective January 2026
There are significant changes to Job Postings in Ontario for employers with 25+ employees that are effective in January 2026. Are you ready? ABL is…and we’re ready to support your organization in ensuring compliance.
Job Posting Requirements (Effective January 1, 2026)
The “Working for Workers Act” introduced comprehensive new requirements for publicly advertised job postings.
What Qualifies as a Publicly Advertised Job Posting
A publicly advertised job posting includes any external job posting that an employer or someone acting on their behalf advertises to the general public in any manner.
Important exceptions include:
- General recruitment campaigns that don’t advertise a specific position
- General help wanted signs without specific position details
- Postings restricted to existing employees
- Positions where work is performed outside Ontario (with specific conditions)
New Requirements for Job Postings:
1. Post-Interview Communication
If an employer interviews an applicant, they must inform the candidate within 45 days after the last interview whether a hiring decision has been made regarding the job posting. This is probably the most onerous part of this legislation, especially for high volume hiring or hiring with lengthy decision processes.
ABL’s automated engagement programs are adapted to meet this requirement. Clear communication on hiring timelines is key with direct hire positions. ABL offers an optional service to manage timely communication for all candidates. This helps maintain a positive candidate experience and strengthens your employer brand.
2. Record Retention Requirements
Employers must retain job postings, associated application forms, and post-interview information provided to applicants for three years.
ABL’s robust applicant tracking system has been enhanced to capture the exact version of the advertisement associated with each applicant. All application forms and interview information is already automatically retained.
3. Canadian Experience Restrictions
Employers cannot include any requirements related to Canadian experience in job postings or application forms.
We at ABL broaden your talent pool by focusing on candidates with required Canadian certifications while also considering professionals with transferable international experience. This ensures you get qualified talent without unnecessary restrictions.
4. Artificial Intelligence Disclosure
Employers using artificial intelligence to screen, assess, or select applicants must disclose this use in the job posting. The regulation defines artificial intelligence as “a machine-based system that, for explicit or implicit objectives, infers from input it receives to generate outputs such as predictions, content, recommendations or decisions that can influence physical or virtual environments.”
ABL was among the first Canadian firms to integrate AI tools for candidate engagement. We clearly inform applicants about this in our systems. Most importantly, a human recruiter specializing in your sector always makes the final decision, ensuring fairness and expertise.
5. Compensation Range Disclosure
Employers must include expected compensation or compensation range information in job postings. Key details:
- If providing a range, the difference between top and bottom rates cannot exceed $50,000 (example: $70,000 to $120,000)
- Compensation includes what the ESA defines as “wages”
- This requirement doesn’t apply to positions with expected annual compensation exceeding $200,000
At ABL, we handle job postings on your behalf. Our system already supports hourly, salary, or range formats. During onboarding, our recruitment experts work with you to present compensation details in a way that attracts top talent while keeping you compliant and well-represented.
6. Existing Vacancy Status
Job postings must include a statement disclosing whether the posting is for an existing vacancy or not.
Our job boards have included this feature for years. Every posting we create clearly indicates whether it’s a current opening or a future opportunity—keeping candidates informed and expectations managed.
Next Steps for Employers
- Review current job posting practices and templates
- Establish compensation range policies and procedures
- Update recruitment processes to accommodate new disclosure requirements
- Implement systems for tracking and retaining required records
- Train HR teams and hiring managers on new obligations
- CALL ABL TO ENSURE COMPLIANCE AND SUCCESS IN ALL YOUR STAFFING AND HIRING NEEDS!