Job Seeker Compliance
Your guide to Ontario ESA job posting requirements — and what to do when employers are not compliant.
What Ontario Law Requires in Job Postings
Under the Employment Standards Act (ESA), Ontario employers with 25 or more employees who publicly advertise a job must include the following:
- Compensation or compensation range: The expected rate of pay or salary range must be disclosed. If the role includes multiple compensation types (e.g. hourly + commission), each must be listed separately.
- AI disclosure: A statement disclosing whether artificial intelligence is used to screen, assess, or select applicants — including AI used by third-party recruiters acting on the employer’s behalf.
- Vacancy statement: A statement disclosing whether an actual vacancy exists for the position being advertised.
These requirements apply to all publicly advertised positions — job boards, company websites, social media, and any other public channel. If the employer uses a third party to post the role, the employer remains responsible for compliance.
The requirements do not apply to employers with fewer than 25 employees on the day the posting goes live.
What Employers Cannot Include
Employers are prohibited from including — in a publicly advertised job posting or any associated application form — any requirements related to Canadian experience, including:
- Canadian work experience
- Education credentials
- A requirement to have an established professional network or client base
This prohibition does not apply to professional licensing or registration requirements specific to Ontario or Canada.
45-Day Notification Requirement
If an employer interviews an applicant for a publicly advertised position, they are required to notify that applicant — within 45 days of the interview (or last interview, if multiple rounds) — whether a hiring decision has been made. This applies to all interviewed applicants, not just the successful candidate.
Penalties for Non-Compliance
Employers found in violation of the ESA job posting requirements can face enforcement action by the Ministry of Labour, Immigration, Training and Skills Development (MLITSD).
Monetary penalties up to $500,000 can be issued for contraventions of the ESA. The ministry uses compliance orders, notices of contravention, and administrative penalties as enforcement tools.
Repeat violations and wilful non-compliance attract higher penalties.
How to Report Non-Compliance
If your analysis returned a low compliance score, the employer may not be meeting their obligations under the Employment Standards Act (ESA). You can report it to the Ministry of Labour.
The Ministry of Labour welcomes information about potential non-compliance with publicly advertised job posting requirements. All reports are reviewed by ministry staff and passed to the appropriate team for action.
To report, email: PubliclyAdvertisedJP@ontario.ca
Include in your report:
- Employer name and contact information
- Physical address of the business
- A link to or copy of the job posting
Full ESA Compliance Guide
For a complete breakdown of all ESA requirements — including compensation rules, record keeping, and exemptions — visit the Ontario Requirements related to publicly advertised job postings.
