January Is Just Around the Corner: New Publicly Advertised Job Posting Requirements

Earlier this year, we discussed upcoming amendments to the Working for Workers Four Act, 2024; Working for Workers Five Act, 2024; and Working for Workers Six Act, 2024. Now that 2025 is nearing its end, we wanted to highlight some of the most important changes arising from those amendments that will impact HR professionals – new requirements regarding publicly advertised job postings and notifications.

Under Regulation O. Reg. 476/24 (Regulation), new job posting requirements will be in effect starting January 1, 2026. These new requirements do not apply to employers with fewer than 25 employees on the day the job posting is made.

For those with 25 or more employees, new job posting requirements include:

• disclosing expected compensation, or a range of expected compensation, for the posted position, where the range is limited to no more than $50,000 per year;
  • note that if the expected compensation is more than $200,000 per year, or if the maximum $50,000 range ends at more than $200,000, there is no need to disclose expected compensation;
• disclosing the use of artificial intelligence (AI) in the publicly advertised job posting if it is used to screen, assess, or select applicants;
• prohibiting “Canadian experience” from being a requirement in a publicly advertised job posting, including any associated application form; and
• disclosing whether the publicly advertised job posting is for an existing vacancy (or not).

The Regulation defines “publicly advertised job posting” to mean an external job posting that an employer or person acting on behalf of the employer advertises to the general public in any manner. It does not include:

• a general recruitment campaign that does not include a specific position;
• a general help wanted sign that does not advertise a specific position;
• a posting for a position that is restricted to existing employees of the employer; or
• a posting for a position performed outside of Ontario.

In addition to job posting requirements, there are also new requirements related to employers notifying applicants about hiring decisions following an interview for a publicly advertised job posting.

Employers must notify each applicant interviewed for a publicly advertised job posting whether (or not) a hiring decision has been made. Notification must occur within 45 days after the date the applicant has had an interview or, if there were multiple interviews of the applicant, within 45 days after the date of the last interview. The employer is required to notify the applicant in person, in writing, or using technology.

1. Update your job posting templates now (if you haven’t done so already), so you are ready for January 1, 2026.
2. Given the broad (and, in this context, untested) definition of AI, and the widespread use of AI in technology tools, consider adopting general language to inform applicants of the possible use of AI in the application process. Your legal advisers may be able to assist you with developing appropriate language.
3. Update your recruitment tools and checklists to ensure you diarize the notification periods. Consider diarizing a shorter period to allow for the possibility of unexpected events at or near the deadline.