New Hiring Duties Coming January 1, 2026: What Ontario Employers Need to Know

By Esther Chung and Deborah Howden

Starting January 1, 2026, employers in Ontario with 25 or more employees will be subject to new legal requirements under the Ontario Employment Standards Act, 2000 (“ESA”). These rules apply to publicly advertised job postings and will affect how employers disclose compensation, communicate with candidates, and retain recruitment records. The changes aim to improve transparency, fairness, and inclusivity in the hiring process, and will likely require adjustments to an affected employer’s existing recruitment practices.

Key Changes under the ESA

1. Job Postings

A “publicly advertised job posting” refers to any external job posting made available to the general public by an employer or their representative to fill a specific position. Such postings must now:

• include the expected compensation or range of expected compensation, where the difference between the lower and upper limits in the range does not exceed $50,000 (e.g., $50,000-$100,000), except when:

  • the annual expected compensation is greater than $200,000, or

  • the upper limit in the range of annual expected compensation is an amount greater than $200,000;

• disclose whether artificial intelligence (“AI”) has been used in screening or evaluating candidates;

• disclose whether the job posting is for an existing vacancy or not; and

• not include any requirements related to Canadian experience. This requirement also applies to application forms.

2. Candidate Communications

Beyond ensuring compliance with the job posting requirements, employers must also be more mindful of candidate communication and record retention, specifically concerning interviews.

An “interview” refers to a meeting, whether in person or conducted through technology, between an applicant and an employer or their representative where questions are asked and answered to assess the applicant’s suitability for a position, excluding any preliminary screening before such a meeting.

Applicants who are interviewed, whether in person or via technology, for a publicly posted position must be notified within 45 days after the interview, or the date of the last interview if interviewed over several rounds, whether a hiring decision has been made.

3.      Record-retention

To support compliance, employers must retain the following records for at least three years:

• copies of every publicly advertised job posting, along with any associated application forms, from the date on which the posting has been removed; and

  
  

• records of the information provided to the applicants in relation to the postings from the day after the information was provided to the applicant, which includes the required communication to the applicant regarding whether a hiring decision has been made.

  
  

Actions for Employers

With the January 1, 2026 implementation date looming, affected employers should begin preparing to meet the new ESA requirements. Recommended actions include:

1. Audit job posting templates: review and update all job advertisements and application forms to include the required disclosures and remove any prohibited language.

2. Establish communication protocols: develop clear procedures for communicating with candidates, including standardized disclosure statements and timelines for notifying applicants of hiring decisions.

3. Implement record-retention processes: set up secure systems to store job postings, application forms, and candidate communication for a minimum of three years, and review internal hiring policies to ensure alignment with privacy legislation and data protection standards.

4. Train HR and recruitment staff: provide training to all personnel involved in hiring to ensure they understand the new statutory obligations and are equipped to manage compliance risks effectively.

Employers should consult with the Shibley Righton LLP Employment Group to seek advice and confirm whether their hiring policies, templates, and technological tools align with the ESA requirements and related regulations.