Changes to the Employment Standards Act

Significant amendments to Ontario’s Employment Standards Act, 2000 (“ESA”) came into force on January 1, 2026. In brief, disclosing salary ranges are now mandatory in most public job postings; Canadian experience requirements are prohibited; AI use in hiring must be disclosed; and employers must retain job postings for 3 years.

Below is a summary of the key changes.

1. Compensation Range Disclosure

A new section 8.2 of the ESA requires employers to include compensation information in publicly advertised job postings.

• Job postings must disclose either:

• the expected compensation, or

• the range of expected compensation for the position.

• Under Ontario Regulation 476/24 (Rules and Exemptions re Job Postings):

• the disclosed compensation range must not exceed $50,000 annually;

• the pay disclosure requirement does not apply where:

• the expected compensation is more than $200,000 annually, or

• the compensation range ends at more than $200,000 annually.

• “Publicly advertised job posting” is defined in the regulation.

• Additional exemptions may be introduced through future legislation or regulations.

2. Prohibition on Canadian Experience Requirements

A new section 8.3 of the ESA prohibits employers from:

• including Canadian experience requirements in publicly advertised job postings; or

• requiring Canadian experience in any associated application form.

While the legislation allows for possible exceptions, no exceptions have been prescribed in the regulations to date.

3. Disclosure of Artificial Intelligence Use in Hiring

A new section 8.4 of the ESA requires employers to disclose the use of artificial intelligence in hiring.

• If artificial intelligence is used to screen, evaluate, or select candidates, the job posting must include a statement disclosing that use.

• “Artificial intelligence” is defined in Regulation 476/24.

• Although the legislation permits exceptions, none are currently set out in the regulations.

4. Disclosure of Whether a Posting Reflects an Actual Vacancy

A new section 8.5 of the ESA requires employers to state in publicly advertised job postings:

• whether the posting is for an existing vacancy.

Again, while the legislation allows for additional requirements or exemptions, none have yet been prescribed.

5. Retention of Job Postings

Under amendments to s. 15, employers must retain (or arrange for another person to retain) copies of:

• every publicly advertised job posting, and

• any associated application forms,

for three (3) years after the posting is removed from public access.

This blog is for general information purposes only and does not constitute legal advice. We would be pleased to assist you with any questions regarding these ESA amendments or any other employment or labour law matter.