Major Ontario employer workplace legislative changes come into effect January 1, 2026, and center on pay transparency, requiring salary ranges (within $50k) in public job postings, disclosure of AI use in screening, ending "Canadian experience" requirements, and mandating post-interview follow-ups for employers with 25+ staff, alongside new OHSA rules for defibrillators on construction sites.

These rules, stem from Bill 190 (Working for Workers Five Act), aimed at fairer, more inclusive hiring practices under Ontario's Employment Standards Act (ESA).

Key Ontario Employment Standards Act (ESA) Changes For Public Job Postings:

1.     Salary Range Disclosure:

        o  Employers must list the expected pay range for the posted job. The range must be within $50k or less (for example: $75,000-$125,000).

        o  Employers must also list any other compensation for the job. (bonuses, commission).

        o  This requirement is aimed at ensuring that people who are interested in those roles will take guess-work out of what they will earn in those opportunities.

        o  Organizations, likewise, can attract the right talent because they’re transparent about what they can expect to pay the successful candidate for the job they’re             about to be hired to do.

        o  Pay transparency will increase competition in the marketplace, as job seekers can compare which company pays more for a similar position.

        o  The employer is exempt from disclosing the amount if the expected salary is equivalent to or more than $200,000 per year.

2.     AI (artificial intelligence) Disclosure:

o  The employer must state if AI is being used for the vetting, screening or assessment of applicants.

3.     No "Canadian Experience" requirement:

        o  This language and requirement of candidates is banned in public job postings.

        o  Aimed at taking away the inequity that potentially could occur if an employer was suggesting there was a preference of which country the job experience would             have been gained in, therefore creating more objectivity and equitableness amongst the labour market.

4.     Vacancy Status: Employers must disclose if the job is for a currently existing vacancy.

5.     The employer must keep a copy of the job posting and the associated application form for three years, as well as any follow-up communications with candidates.

6.     Post-Interview Follow-up:

      o  The employer must inform candidates of hiring decisions within 45 days of the last interview, whether a hiring decision has been made.

Ontario Occupational Health and Safety Act (OHSA) Changes:

Ontario construction industry employers also see changes resulting from Bill 30, the Working for Workers Seven Act, 2025, aimed at protect Ontario workers by creating safer workplaces and fighting worker abuse with stronger penalties.

It also establishes the authority to create a new general Administrative Monetary Penalty (AMP) regime under the Occupational Health and Safety Act (OHSA) to help enforce the new Chief Prevention Officer-accredited HSMS requirements and strengthen overall workplace safety enforcement.

1.     Defibrillators on Construction Sites:

       o  Defibrillators are required for sites with 20 or more workers on long-term projects with durations of 3 months or more.

       o  A worker trained in CPR and defibrillator operation must be present when work is in progress.

2.     Washroom Cleaning Records:

      o  Employers and constructors are required to keep, maintain and make available records of cleaning of washrooms at sites.

      o  Employers must post records of the two most recent washroom cleanings (date/time) in visible spots or make them electronically available.

Who's Affected?

     o  Employers with 25 or more employees must follow most ESA rules for publicly advertised roles.

     o  The OHSA changes apply to all employers in the construction industry.

     o  Online job posting platforms also face the new applicable compliance measures.

Why the Change?

These updates, from the Working for Workers Acts, aim to create more equitable, transparent, and accessible hiring processes for job seekers.

They are also aimed at creating safer workplaces and fighting worker abuse with stronger penalties for those who may try to exploit Ontario workers.