Categories: Labor and Employment Law

Ontario’s 2026 Job Postings: What Companies Must Disclose About AI and More

Ontario’s 2026 Job Postings: What Companies Must Disclose About AI and More

Overview of Ontario’s 2026 Job Posting Requirements

Starting January 1, 2026, Ontario will implement new rules governing how companies advertise job openings. The province’s legislation targets employers with 25 or more employees and aims to increase transparency in the hiring process. The core change is a requirement to disclose whether artificial intelligence (AI) will be used in selecting or screening candidates for publicly advertised roles. In addition to AI disclosures, the rules introduce several other information-sharing obligations designed to help job seekers assess how decisions about their applications are made.

Who Is Affected?

The law focuses on employers with 25 or more employees who post jobs publicly in Ontario. This includes national and multinational companies with Ontario-based postings, as well as mid-sized firms. The intent is to ensure that large employers provide consistent, easily accessible information about their recruitment practices, leveling the information playing field for all applicants.

What Must Be Disclosed About AI Use

One of the most talked-about elements of the new requirements is the disclosure related to AI in the hiring process. Specifically, companies must clearly state whether artificial intelligence will be used at any stage of candidate evaluation. This can include AI tools used for screening resumes, ranking applicants, or supporting automated interview processes. The disclosure should indicate the extent of AI involvement and, if applicable, the criteria or methods the AI will use to assess applicants. The goal is to provide candidates with a transparent view of how automated systems may influence their chances.

Why this matters for job seekers

For job seekers, AI disclosures can help set expectations and reduce uncertainty. When applicants know that AI might influence screening, they can tailor their applications to address AI-based evaluation criteria, such as keyword alignment, resume structure, or potential test formats. It also enables candidates to ask informed questions during the recruitment process and seek clarity if they have concerns about privacy or fairness.

Additional Disclosure Requirements

Beyond AI, Ontario’s 2026 regulations require other transparency measures in job postings. These may include:

  • Clear identification of the posting’s posting date and closing date.
  • Information about compensation ranges or a broad salary band, where feasible.
  • Details about the hiring process, such as the number of interview rounds and anticipated timelines.
  • Whether third-party recruiters are involved and how candidates’ data will be handled.
  • Any requirements related to cybersecurity or background checks that are unique to the role.

These additions aim to provide job seekers with practical insights into the employer’s process, helping applicants decide where to invest their time and resources.

Enforcement and Compliance

Enforcement specifics are still being finalized, but employers should prepare now for audits, inquiries, and potential penalties for non-compliance. Companies may need to update their job descriptions, applicant tracking systems, and privacy policies to reflect the new expectations. Human resources teams should also be trained to answer questions about AI use and data handling accurately and consistently.

What This Means for Employers

For employers, the new rules emphasize clarity, fairness, and accountability. Organizations should review their recruitment platforms, ensure that AI tools (if used) are applied in a fair and non-discriminatory manner, and establish a standardized disclosure template. Consistency across all postings helps maintain compliance and reduces the risk of misrepresentation or miscommunication.

Practical Steps to Prepare

  1. Audit current job postings and recruitment tech stack to identify where AI is used.
  2. Draft a clear AI disclosure statement that explains role-specific AI involvement.
  3. Update applicant tracking systems to capture disclosure data and timelines.
  4. Develop a standard FAQ for candidates about AI use and data privacy.
  5. Train HR staff and recruiters on the new requirements and data handling practices.

Looking Ahead

Ontario’s decision to increase transparency in job postings reflects broader trends toward responsible AI use and fair hiring practices. As the 2026 deadline approaches, job seekers should monitor postings closely and consider how AI-driven processes may influence their application strategies. Employers, in turn, should view these changes as an opportunity to build trust and demonstrate a commitment to transparency throughout the recruitment journey.