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Ontario’s Pay Transparency Rules: Employers Must Comply Now
Ontario's pay transparency rules are now in force. As of January 1, 2026, employers with 25 or more employees must comply with new job posting requirements introduced through the Working for Workers legislation and amendments to the Employment Standards Act, 2000. These rules require salary disclosure, AI hiring disclosures, candidate follow-up timelines, and expanded record-keeping obligations. Non-compliance can result in complaints, inspections, and penalties.
Are your job postings compliant with Ontario's 2026 pay transparency rules?
Many Ontario employers are still using job posting templates that do not meet the new requirements. A compliance review before your next posting goes live can prevent enforcement exposure.
Call: 1-800-771-7882 Speak With an Employer LawyerOntario pay transparency rules at a glance
What Ontario's pay transparency rules require
Salary or wage disclosure in every public job posting
Public job postings must include either a specific salary or hourly rate, or a salary range that reflects the expected compensation for the role. If a range is used, it generally cannot exceed $50,000 unless the role pays more than $200,000 annually.
Compensation may include base salary or hourly wages, commissions, guaranteed bonuses, and other non-discretionary pay. Posting misleading or aspirational ranges that do not reflect how employees are actually paid creates both legal and reputational risk.
Disclosure of AI use in hiring
If an employer uses artificial intelligence tools to screen, rank, or assess candidates at any stage of the hiring process, this must be disclosed in the job posting. This includes automated résumé screening tools and algorithm-based candidate ranking systems. A general statement confirming AI use in the hiring process is sufficient to meet the disclosure requirement.
Confirmation that the posting reflects a real vacancy
Employers must disclose in the posting whether it represents an existing, open position. This requirement is designed to prevent pipeline postings, where organizations advertise roles that may not actually exist in order to build a candidate database.
No Canadian experience requirement
Job postings and application forms cannot require Canadian work experience. This rule removes a significant barrier for internationally trained professionals and applies to both the posting itself and any screening questions asked during the application process.
Candidate follow-up within 45 days of final interview
Employers must inform every candidate who was interviewed whether a hiring decision has been made, within 45 days of the final interview. This notification must be documented, either in writing or through another recorded method. The intent is to prevent candidates from waiting indefinitely after investing time in an interview process.
Record-keeping for at least three years
Employers must retain the job posting itself, application forms used during the recruitment process, and communications sent to interviewed candidates for at least three years after the posting is removed. These records are required to demonstrate compliance in the event of an audit or complaint investigation.
Have your job posting templates been updated for the 2026 requirements?
Many Ontario employers are still advertising roles without the required salary disclosure, AI disclosure, or vacancy confirmation. Our team can review your hiring processes and help you update your templates for compliance.
Get a Compliance Review Or call us: 1-800-771-7882Which employers are covered and which postings are exempt?
The rules apply to employers with 25 or more employees in Ontario on the date a job posting is publicly advertised. However, certain postings are exempt from the requirements, including internal postings restricted to existing employees, general recruitment campaigns that do not advertise a specific role, and some postings for positions performed entirely outside Ontario. Employers should review each posting individually to confirm whether the rules apply.
What Ontario employers should do now
Update all job posting templates
Ensure every publicly advertised role includes the required salary or wage disclosure, AI use disclosure where applicable, and confirmation of whether the role is a genuine vacancy. Remove any language requiring Canadian work experience.
Review and defend your salary structures
Pay ranges in postings must reflect how employees in those roles are actually compensated. Posting ranges that are aspirational or inaccurate creates compliance risk and potential pay equity exposure. Review compensation benchmarks before publishing.
Train hiring managers and recruiters
Everyone involved in drafting postings or communicating with candidates must understand the new requirements, including the 45-day follow-up obligation and the prohibition on Canadian experience requirements in screening questions.
Strengthen your record-keeping systems
Implement a consistent process for retaining job postings, application forms, and candidate communications for the required three-year period. This is particularly important given that enforcement complaints can be filed well after the hiring process concludes.
Job posting compliance checklist for Ontario employers
- Salary or specific wage rate included in the posting
- If a range is used, it does not exceed $50,000 (unless role pays over $200,000)
- Confirmation that the posting reflects a genuine vacancy
- AI use in hiring disclosed where applicable
- No Canadian experience requirement in the posting or application form
- Process in place to notify interviewed candidates within 45 days
- Record retention system covers postings, applications, and candidate communications for 3 years
Frequently asked questions about Ontario's pay transparency rules
What are Ontario's pay transparency rules?
Ontario's pay transparency rules, in force since January 1, 2026, require employers with 25 or more employees to include salary or wage information in publicly advertised job postings, disclose AI use in hiring, confirm whether the posting reflects a real vacancy, follow up with interviewed candidates within 45 days, and retain recruitment records for at least three years. The rules were introduced through amendments to the Employment Standards Act, 2000 under the Working for Workers legislation.
Do job postings need to include a salary range in Ontario?
Yes, for employers with 25 or more employees. Publicly advertised postings must include either a specific compensation figure or a range. If a range is used, it generally cannot exceed $50,000 unless the role pays more than $200,000 annually. The range must reflect actual compensation for the role, not an aspirational or misleading figure.
Do employers have to disclose AI use in hiring in Ontario?
Yes. If an employer uses artificial intelligence tools to screen, assess, or rank candidates at any point in the hiring process, this must be disclosed in the job posting. This includes automated résumé screening software and algorithm-based ranking tools.
Are employers required to follow up with candidates after interviews?
Yes. Employers must notify candidates who were interviewed whether a hiring decision has been made within 45 days of the final interview. This must be documented. The requirement applies to all candidates who reached the interview stage, not just those who were offered the position.
Do the pay transparency rules apply to all Ontario employers?
No. The rules apply to employers with 25 or more employees in Ontario at the time a public job posting is advertised. Smaller employers are not currently subject to these requirements, though the threshold may change in future legislative updates. Internal job postings, general recruitment campaigns without a specific role, and postings for roles outside Ontario are exempt.
What happens if an employer does not comply with the pay transparency rules?
Non-compliance can result in complaints to the Ministry of Labour, inspections, and financial penalties under the Employment Standards Act, 2000. Employers who fail to maintain required records or post non-compliant job advertisements may face enforcement action. Legal advice before publishing job postings is the most effective way to reduce this risk.
Ensure your hiring practices are compliant with Ontario's pay transparency rules
If your organization needs to update its job posting templates, review its salary structures, or ensure its recruitment records meet the three-year retention requirement, our team can help. We advise Ontario employers on employment standards compliance, hiring practices, and workplace policy development. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
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