Ontario tightens hiring rules to remove barriers for newcomers — key changes take effect January 1, 2026
Ontario is rolling out a package of labour-law reforms designed to make the province’s hiring process more transparent and fair — particularly for newcomers who often face unnecessary obstacles when applying for work. The amendments to the Employment Standards Act (ESA), which take effect on January 1, 2026, introduce several mandatory disclosures and bans on common recruiting practices that advocates say have long disadvantaged internationally trained candidates.
The new rules apply to employers that have 25 or more employees on the day a job is posted and include a ban on advertising “Canadian work experience” as a mandatory requirement in public job listings, mandatory disclosure of expected compensation, required disclosure when employers use artificial intelligence in screening, verification that a vacancy actually exists, and a duty to update interviewed candidates on hiring decisions within a specific time frame.
What’s changing — the reforms employers must follow
1. No blanket “Canadian work experience” requirement in public postings
Employers with 25+ staff may no longer insist that applicants have Canadian work experience as a condition of applying or in recruitment forms. The intent is to prevent automatic exclusion of internationally trained candidates when foreign work experience is equivalent and relevant. Employers may still assess experience and credential equivalency during selection, but they cannot use “Canadian experience” as a categorical barrier in public advertisements.
2. Mandatory pay disclosure with a capped range
Publicly advertised job postings must now include the expected compensation or a clear pay range. If a range is provided, the spread between the minimum and the maximum cannot exceed $50,000 per year. Exceptions apply for very high-paying roles: the rule does not apply if the job’s top pay or the job’s salary exceeds $200,000 per year. The requirement aims to reduce wage opacity and help applicants target roles that match their expectations and financial needs.
3. Declare use of artificial intelligence in hiring
If an employer uses artificial-intelligence tools at any stage of recruitment — for example, automated résumé screening, AI-powered interview scoring or candidate shortlisting — that fact must be disclosed in the job posting. This transparency helps applicants tailor materials and make informed decisions about applying when automated systems may affect their candidacy.
4. Postings must state whether the vacancy is real
Job advertisements must indicate whether the posting corresponds to an immediate, genuine vacancy. Employers may not post roles solely for future use, speculative hiring, or labour-market testing without clarifying the job’s status. This measure discourages misleading ads that waste applicants’ time or are used only to satisfy procedural recruitment steps.
5. Employers must notify interviewed applicants of outcomes within 45 days
If an applicant attends an interview, the employer must inform them — within 45 days of the interview (or the last interview where multiple rounds occur) — whether a hiring decision was made. Notification can be via written notice, in person, or electronic communication. The rule gives candidates closure and allows them to move forward in their job search more quickly.
Who is covered and why these changes matter
The rules apply to Ontario employers with 25 or more employees at the time of posting. Smaller employers are not covered under these changes, although they remain subject to existing human-rights and employment laws.
For newcomers, the reforms remove several systemic barriers:
- Eliminating “Canadian experience” as a filter opens more job opportunities to internationally trained professionals whose overseas credentials and duties match Ontario job requirements.
- Salary transparency lets candidates make informed choices, avoid low-ball offers, and negotiate realistically.
- AI and vacancy disclosures reduce surprises during the hiring process and help applicants understand how decisions are being made.
- Post-interview updates reduce uncertainty and help job seekers plan next steps.
These changes also aim to help employers find a broader pool of qualified candidates more quickly and reduce administrative friction in recruitment.
Practical implications for employers and applicants
Employers should start preparing now by:
- Auditing job ads and application forms to remove blanket requirements for Canadian experience;
- Implementing clear salary bands and updating recruitment templates;
- Adding disclosure statements about AI tools used in hiring;
- Labeling job postings to indicate vacancy status (immediate hire, upcoming need, or talent pool); and
- Building systems to ensure interviewed candidates receive timely updates within the 45-day window.
Applicants and newcomers are advised to:
- Review job postings for salary details and AI disclosures before applying;
- Emphasize transferable and relevant foreign experience in résumés and cover letters;
- Prepare to ask employers about how AI is used in screening during interviews; and
- Keep track of interviews and expect notification within 45 days — if you don’t receive one, politely follow up.
Enforcement and next steps
The government will publish guidance for employers to help them comply with the new rules; enforcement details (inspections, complaints processes or penalties) will be available through provincial channels as the January 2026 start date approaches. Employers that fail to comply may be subject to administrative follow-up and potential corrective measures under provincial employment standards.
Bottom line
Ontario’s ESA amendments mark a significant effort to modernize hiring practices and reduce barriers that have historically limited newcomers’ access to work. By banning blanket Canadian-experience requirements, forcing salary disclosure, requiring AI transparency, and mandating post-interview updates, the province aims to create a more equitable and efficient job market — one where credentials and skills, rather than local tenure alone, determine access to opportunity.
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