Preparing for Evolving Hiring Practices Coming in 2026
Employment laws are rapidly evolving, with new requirements around pay transparency, job postings, and employee rights on the horizon. By being proactive and becoming knowledgeable about these changes, you are helping your organization avoid fines and legal disputes, supporting your employees, and keeping your workplace policies aligned with what today’s workforce expects. In other words, it’s not just about staying ahead of compliance, but also about protecting your people and positioning your organization for long-term success.
With that said, Ontario employers should be prepared for a shift in hiring practices as new job posting requirements under the Working for Workers Four Act, 2024, and the Working for Workers Five Act, 2024, come into effect on January 1st, 2026. These changes are part of the province’s ongoing efforts to promote transparency and fairness in the hiring process, and will impact how job opportunities are advertised and how applicants are communicated with.
Who Will the Changes Affect?
The new regulations will directly apply to employers with 25 or more employees anytime a publicly advertised job posting is published. A “publicly advertised job posting” is defined as any external job posting made available to the general public. This new ruling excludes any internal postings, general recruitment campaigns, or postings for work performed outside Ontario.
Key Changes to Job Postings & The Hiring Process:
Under the new regulations, employers can expect to see changes to their publicly advertised job postings and hiring processes, including:
- Compensation Disclosure:
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- Employers must begin stating the expected compensation range for externally advertised roles.
- If a range is provided, the spread between the minimum and maximum of that range must not exceed $50,000 (I.e. $100,000 – $150,000)
- These requirements do not apply to roles that have a compensation greater than $200,000 annually.
- AI Disclosure:
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- If artificial intelligence (AI) is used to screen, assess, or select applicants, this must now be clearly disclosed in the job posting. AI is defined as any machine-based system that uses input data to generate outputs like predictions or decisions that influence outcomes.
- Canadian Experience Prohibition:
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- Employers will now be prohibited from requiring “Canadian experience” in job postings or application forms. This change aims to help eliminate barriers for newcomers to Canada to enter the workforce.
- Vacancy Status:
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- Job postings will now have to indicate whether the position is for an existing vacancy.
- Post-Interview Communication:
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- If a candidate is selected for an interview, employers must now provide information to that candidate on whether a hiring decision has been made within 45 days of the interview being completed.
- Records of this communication to the candidate must now be retained for three years.
How to Stay Ahead of the Curve:
To stay compliant with changing legislation and avoid penalties, you can:
- Review and update job posting templates to include compensation and AI usage disclosures.
- Eliminate any references to Canadian experience in hiring materials.
- Implement systems to track and document post-interview communications and timelines.
- Provide training to HR and Recruitment teams on the new upcoming requirements.
In Summary:
Proactively monitoring and implementing legislative changes is a strategic investment in your organization’s risk management, culture, and ability to attract and retain talent. Employers who act early will not only ensure compliance, but also position themselves as leaders who promote fair and transparent hiring practices, setting themselves up for long-term success in a rapidly evolving employment landscape.
Links Used in The Creation of This Article:
https://mcmillan.ca/insights/ontario-employers-new-job-posting-requirements-come-into-force-january-1-2026/