Post with confidence. Stay compliant.
Ontario’s Employment Standards Act (ESA) introduced new job posting requirements effective January 1, 2026. Non-compliance can result in fines up to $500,000. This guide tells you exactly what you need to know — and do.
We want to support businesses and job seekers in their search and help everyone meet compliance law — because compliance protects everyone.
Who does this apply to?
These rules apply to any employer who publicly advertises a job posting and employs 25 or more employees in Ontario on the day the posting goes live.
- Full-time, part-time, casual and probationary employees all count toward the 25-employee threshold
- Employers with multiple locations must count all Ontario employees across all locations
- Rules apply to postings published on or after January 1, 2026
- Does not apply to the Crown or Crown agencies
✅ What you MUST include
You must disclose expected compensation or a range. The range cannot exceed a $50,000 spread. Exemption applies if compensation exceeds $200,000/year. If the role includes multiple compensation types (e.g. hourly + commission), each must be disclosed separately.
If you use artificial intelligence to screen, assess, or select applicants — you must say so in the posting. This includes AI used by third-party recruiters acting on your behalf.
Every posting must state whether an existing vacancy does or does not exist. A vacancy means a position that is imminently available for a qualified candidate to fill.
If you interview an applicant, you must inform them whether a hiring decision has been made within 45 days of the interview (or last interview if multiple rounds). This applies to all interviewed applicants — not just the successful candidate.
Keep copies of every publicly advertised job posting, all associated application forms, and all information provided to interviewed applicants — for 3 years after the posting is removed from public access.
🚫 What you CANNOT include
You cannot require Canadian work experience, Canadian education credentials, or an established Canadian professional network or client base — in the posting or in any associated application form.
Exception: Professional licensing or registration requirements specific to Ontario/Canada are permitted.
Job posting platforms must have a mechanism for users to report fraudulent postings and a written policy on how they are handled. Fraudulent postings are those created with intent to deceive applicants.
⚠️ Penalties for non-compliance
Employers found in violation of the ESA job posting rules can face:
- A compliance order
- A notice of contravention with a monetary penalty
- Prosecution under the Provincial Offences Act
We’re here to help
We want to support businesses and job seekers in their search and help everyone meet compliance law — because compliance protects everyone. Have a question about your specific situation?
Ready to post with confidence?
Use our Job Analyzer Template to create your compliant job posting — every required field is built in, with live compliance checking as you go.
