New Job Posting Rules: What You Need to Know (in plain language)

If you’re hiring in Ontario in 2026, listen up because big changes are coming to how you post jobs. And yes, they apply to you if you have 25 or more employees.

And even if you're not in Ontario, it's a good idea to implement some of these rules to ensure equity in your hiring practices.

Starting January 1, 2026, new requirements under the ESA kick in. They’re all about transparency, fairness, and making sure job postings don’t feel like guessing games.

Here’s the simplified version (without the legal jargon):

1. These rules only apply to public job postings

This means job ads on LinkedIn, Indeed, your website, recruiter job blasts.

The rules don’t apply to:

• Help wanted signs

• General “we’re hiring” campaigns

• Internal postings

• Jobs outside ESA coverage

If you have 24 employees or fewer, none of this applies (for now).

2. You MUST post the salary or salary range

It’s mandatory. No more “competitive compensation” or “based on experience.”

A few things to note:

• If you post a range, it can’t be wider than $50,000

• If the role pays over $200,000, you don’t need to disclose it

• “Compensation” includes anything the ESA considers wages

What doesn’t count as wages and doesn’t need to be posted are tips, discretionary bonuses, gifts, expense reimbursements and employer benefit contributions.

This change is huge and it means that you may need to revisit their your salary structures before publishing anything.

3. You cannot ask for Canadian experience

This is a big win for fairness and inclusivity. Starting 2026, you can’t list “Canadian experience required” in job ads, application forms or screening questions.

You can still assess job-related skills… you just can’t automatically exclude newcomers.

4. You must state whether the job is an actual vacancy

Simple: say whether a position is open now or being posted proactively. More details may come, but for now transparency is the goal.

5. You must disclose if you use AI in your hiring process

AI can’t stay in the shadows anymore. If you use any automated tool to:

• Screen

• Rank

• Assess

• Filter applicants

You must clearly state this in the job posting. This includes resume-scanning tools, automated assessments, and matching algorithms - not just fancy “ChatGPT-style” tools. Time to review your ATS settings.

6. If someone interviews with you, you MUST follow up

Within 45 days, you must tell every interviewed candidate whether a decision has been made. You can follow up via email, ATS message, phone, and written letter. No more “ghosting” - this is now a compliance requirement.

7. New record-keeping rules

You must keep a copy of every job posting & related application form for 3 years AND records of interview follow-up communications for 3 years. This will require cleanup for many small businesses with inconsistent recruitment processes.

To avoid scrambling (or risking non-compliance), start preparing:

✔️ Review your salary structures

If you’ve never formally documented pay ranges… now is a perfect time.

✔️ Update your job posting templates

Build the new requirements into your standard format.

✔️ Audit whether any part of your hiring uses AI

Even simple resume-screening tech may require disclosure.

✔️ Train your hiring managers

Especially the ones who post roles on their own without HR oversight.

✔️ Create a follow-up process for interviewed candidates

This must be timely, documented, and repeatable.

✔️ Review your document retention practices

HR teams need an organized system to keep postings and communication for 3 years.

This shift is about transparency, fairness, and reducing bias. It might seem like a lot of work, but they are all good things for employers AND candidates.

Yes, it’ll require some changes.Yes, you’ll want clean processes in place before January.But if you prepare now, this won’t feel overwhelming.