# Ontario job posting checklist (2026)

General information, not legal advice. Checked against e-Laws and Ontario's ESA guide on October 29, 2026.

## A. Do the rules apply?

- [ ] **A1. You have 25 or more employees in Ontario on the day you post.** Count people, not full-time equivalents. Part-time and casual staff count as 1 each. Count every Ontario location. If you have fewer than 25, Part III.1 does not apply. Source: O. Reg. 476/24, s. 1 (https://www.ontario.ca/laws/regulation/r24476) and the ESA guide (https://www.ontario.ca/document/your-guide-employment-standards-act-0/requirements-related-publicly-advertised-job).
- [ ] **A2. It is a "publicly advertised job posting."** That means an external posting for a specific job, shown to the public in any way. It does not include a general "we're hiring" campaign, a posting only your current staff can apply to, or a job done outside Ontario. Source: O. Reg. 476/24, s. 2(1).
- [ ] **A3. You know who posts it.** If a recruiter or a job board posts it for you, you are still responsible. Source: ESA guide.

## B. What goes in the posting

- [ ] **B1. Pay is in the posting.** Give the expected pay or a pay range. Source: ESA s. 8.2(1) (https://www.ontario.ca/laws/statute/00e41).
- [ ] **B2. The range is $50,000 wide or less.** Example: $85,000 to $135,000 is fine. $85,000 to $140,000 is not. Source: O. Reg. 476/24, s. 4 and the ESA guide.
- [ ] **B3. You checked the $200,000 exception.** The pay rule does not apply if the expected pay, or the top of the range, is over $200,000 a year. Source: O. Reg. 476/24, s. 3. (BC has no such exception. See note E2.)
- [ ] **B4. Each type of pay is shown.** "Compensation" means wages. Include commission or a bonus tied to hours, output or results. Stock options, tips and purely discretionary bonuses are not part of it. Source: O. Reg. 476/24, s. 2(2) and the ESA guide.
- [ ] **B5. AI is disclosed, if you use it.** If you use artificial intelligence to screen, assess or select applicants, say so in the posting. This also covers AI used by a recruiter for you. You don't need to describe the tool. Source: ESA s. 8.4(1), the AI definition in O. Reg. 476/24, s. 2(1), and the ESA guide.
- [ ] **B6. The posting says whether it is for an existing vacancy.** Say "this posting is for an existing vacancy" or say it is not. Source: ESA s. 8.5(1)(a) and the ESA guide.
- [ ] **B7. No Canadian experience requirement.** Not in the posting and not in the application form. This covers Canadian work experience, Canadian schooling and a Canadian network or client base. Professional licensing rules are not covered by this ban. Source: ESA s. 8.3(1) and the ESA guide.
- [ ] **B8. Linked pages pass too.** A link or document you attach counts as part of the posting. Source: ESA guide.

## C. What you do after posting

- [ ] **C1. Tell people you interview within 45 days.** Tell each person whether you've made a hiring decision. Do it within 45 days of their interview, or of their last interview if there were several. You can do it in person, in writing or by email, text, phone or a portal update with a link. This does not cover a short screening call. Source: ESA s. 8.6, O. Reg. 476/24, ss. 2(2) and 5, and the ESA guide.
- [ ] **C2. Keep every posting for 3 years.** Keep each posted version, linked pages and the application form. The 3 years start when the public can no longer see the posting. Source: ESA s. 15(7.1) and the ESA guide.
- [ ] **C3. Keep the 45-day notices for 3 years.** Keep a copy of what you told each person you interviewed. Source: ESA s. 15(7.1.1).

## D. Other Ontario law that touches the same posting

- [ ] **D1. Accommodation is offered.** Tell the public that accommodation is available for applicants with disabilities. This applies to employers with 1 or more Ontario employees. Source: O. Reg. 191/11, ss. 2 and 22 (https://www.ontario.ca/laws/regulation/110191).
- [ ] **D2. No wording that points to a protected ground.** An ad must not directly or indirectly classify or set qualifications by a ground like age, sex, race, place of origin, citizenship, creed, family status or disability. Source: Human Rights Code, s. 23(1) (https://www.ontario.ca/laws/statute/90h19).

## E. Watch items

- **E1. Section 8.2 has a repeal waiting.** The 2024 Act that added the pay rule also repeals s. 8.2 "on a day to be named by proclamation." That day was not named in the e-Laws version checked on October 29, 2026. Check e-Laws before you rely on this list. Source: ESA s. 8.2, e-Laws note (https://www.ontario.ca/laws/statute/00e41).
- **E2. BC has its own rule.** BC needs pay or a pay range in every public posting, with no size limit and no $200,000 exception. BC also covers postings outside BC if a BC resident could fill the job. BC bans asking about past pay. Source: Pay Transparency Act, ss. 2 and 3 (https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/23018) and BC guidance (https://www2.gov.bc.ca/gov/content/governments/about-the-bc-government/gender-equity/wage-or-salary-information-on-job-postings).