Employers, take notice. The hiring process is going to change in 2026.
The Ontario government has been implementing a series of incremental changes to the Employment Standards Act that are impacting most working relationships in the Province. The latest rules that have been announced and outlined will bring about changes to job postings. As of January 1, 2026, employers who have 25 or more employees will need to ensure they comply with new rules when preparing job postings and managing the recruitment process.
Here are the new rules that employers will need to be aware of as they prepare for 2026:
Compensation Disclosure
As of January 1, 2026, your company will need to disclose the applicable compensation range in all publicly advertised job postings. The range does not need to be precise, but it must be within a range of $50,000 (i.e. $50,000 to $100,000). Like with any statute, though, there are some key exceptions.
If the compensation for the position is expected to be over $200,000 annually, or the top end of the range exceeds that number, then you are not required to post details regarding compensation. Additionally, if the job posting is circulated internally, is part of a general recruitment campaign, or is for workers out of the province, then the details related to compensation are not required.
Disclosing wage information up front may represent the greatest change for employers that have historically played coy when it comes to compensation. Compensation has historically come up late in the job recruitment conversation, usually as a point for negotiation. This change in legislation threatens to remove the broad element of negotiation, and narrows the parameters of a key element to an employment offer.
The change may also have many employers revisiting their compensation strategies overall. Current workers markedly under a posted range will undoubtedly have questions, and the change may influence more salary-based decisions. If your offer is significantly lower than your competitors for comparable roles, it may be difficult to find top talent.
The Duty to Inform
While some companies have thorough practices about informing candidates whether or not they have been successful in the interview process, others are less thorough. Candidates are sometimes left to simply assume that they were not successful, and many move on to other opportunities instead of waiting for a response. There may be larger issues at play – internal indecisiveness can lead to a lengthier recruitment process, and individuals may fall through the cracks.
The rules have now changed regarding follow-up. Employers now have a requirement to inform candidates within 45 days of their last interview (if there were multiple) whether or not they were successful in the position applied for. Candidates can be informed in person, electronically, or through using “technology.” There is also a caveat that an interview is a true “interview” where questions are asked and answered, and not just a preliminary screening.
The change is going to force many organizations to become incredibly organized. Interviews should always be carefully documented, but hiring managers will now need to develop a thorough and consistent process for following up with all interviewed candidates and document those steps as well.
Additional Requirements
There are additional requirements stemming from the new Act as well, including:
- Employers must disclose if AI is being used to screen, assess, or select applicants
- Whether the post is for an existing vacancy or simply creating an applicant pool
- Employers can no longer require Canadian experience but can confirm that an employee has the credentials to work
- Employers will need to keep every public job posting and application form for 3 years after the post has been taken down
Lastly, while not a new change, employers need to remember the accessibility requirements of any job posting, which have been the law for several years now. The employer’s duty to accommodate starts at the job posting stage, where employers clearly state that accommodations are available upon request. This may mean interviewing differently based on the grounds of a candidate’s disability, such as providing questions in writing, or ensuring that the interview takes place at an accessible location. Candidates may choose not to disclose their disability, but employers cannot discriminate in their hiring based on their suspicion of any disability.
Final Thoughts
Hiring processes and practices should never be underestimated. Refined hiring practices can help bring top talent onto your team. Sloppy practices though, from disorganized interview scheduling to ‘ghosting’ candidates, can give your business a terrible reputation. If you’re wondering why you’re continually losing top talent during the hiring process, poor recruitment practices may be why.
An employer’s best solution to stronger hiring practices is implementing a thorough and consistent recruitment policy. A policy can dictate how ads are reviewed and posted, how applications will be received, tracked, and stored, how interviews will be conducted, how decisions will be made, and how feedback will be provided. A comprehensive policy may not be applicable in every situation, but it will serve as a guidepost and can help ensure legal compliance.
We help employers across the Cambridge, Kitchener, and Waterloo Region prepare for and implement these sorts of policies to ensure that they’re staying on the right side of the law. Contact us today to set up a consultation.