For much of 2024, Ontario employers have been patiently waiting for more information on when they will be required to change their job posting practices to include prescribed information introduced through the Working for Workers Four Act, 2024 and Working for Workers Five Act, 2024. Just in time for the holidays, the Government of Ontario has confirmed that key amendments related to job postings will come into force on January 1, 2026.
The Working for Workers Four Act, 2024,[1] which received royal assent on March 21, 2024, introduced the requirement that employers include expected compensation (or a range of expected compensation) in any publicly advertised job postings. Such job postings must be retained for three years after the posting is taken down, and if the employer is using artificial intelligence to screen, assess or select applicants for a position that must be disclosed in the job posting. Additionally, the Working for Workers Four Act, 2024 provides that employers are prohibited from including a “Canadian experience” requirement in their job postings.
The Government of Ontario subsequently expanded on these introduced job posting requirements through its Working for Workers Five Act, 2024,[2] which recently received royal assent on October 28, 2024. The fifth iteration of the Government of Ontario’s Working for Workers acts introduced a requirement that publicly advertised job postings disclose whether the posting is for an existing vacancy or not, as well as any other prescribed information. To date, no additional information has been prescribed through regulations.
To accompany the Government’s proclamation that the above-noted changes will come into force effective January 1, 2026, new regulations have been introduced that provide employers with additional information on how these new legislative amendments will impact them. Ontario Regulation 476/24: Rules and Exemptions re Job Postings [3] (the Regulation) defines “publicly advertised job postings” as “an external job posting that an employer or a person acting on behalf of an employer advertises to the general public in any manner,” and confirms that this definition does not include the following:
- A general recruitment campaign that does not advertise to a specific position;
- A general help wanted sign that does not advertise a specific position;
- A posting for a position that is restricted to existing employees of the employer; or
- A posting for a position for work that is to be performed outside of Ontario, or inside and outside Ontario where the work performed outside of Ontario is not a continuation of work performed inside Ontario.
The Regulation also confirms that the term “compensation” includes all wages as defined by the Ontario Employment Standards Act, 2000, which includes not only base salary but also commissions, bonuses and any other monetary remuneration payable to the employee under their contract of employment. Accordingly, when meeting their obligation to include expected compensation on publicly advertised job postings, employers will need to provide an estimate of the total compensation that the employee will receive if they accept the position. If employers are providing a range of compensation, then such range must not exceed more than CA$50,000 annually.
The Regulation also articulates two exceptions to the requirement to include expected compensation in publicly advertised job postings. First, these requirements related to job postings do not apply to employers that have fewer than 25 employees on the day the publicly advertised job posting is posted. Second, the requirement to provide expected compensation or range of compensation does not apply to any job postings where the expected compensation will be equivalent to more than CA$200,000 annually, or where the range of expected compensation ends at an amount equivalent to more than CA$200,000 annually. Practically, this means if employers provide a range of compensation at the CA$50,000 maximum introduced in the Regulation, any job postings that have a number greater than CA$150,000 as the bottom of the range will be excluded from the above-noted requirements.
Significantly, an employer’s obligations related to job postings do not end at the posting stage, as the Regulation also confirm that employers who interview an applicant are required to confirm whether a hiring decision has been made in respect of the publicly advertised job posting within 45 days after the date of interview (or, if multiple interviews were held, the date of last interview). This information can be confirmed to the candidate in person, in writing, or using technology.
In addition to the above requirements related to job postings, employers should also be mindful of additional requirements that will be coming into force on July 1, 2025, related to employment information. Under the Working for Workers Act, 2023,[4] the Government of Ontario introduced a requirement that employers provide employees with prescribed information in writing prior to their employment commencing. On December 2, 2024, the Government of Ontario published Ontario Regulation 477/24: When Work Deemed to be Performed, Exemptions and Special Rules[5] which confirms that the following information must be provided to employees before their first day of work (or, if it is not practicable to do so, as soon after their first day as reasonably possible):
- The legal name of the employer, as well as any operating or business name of the employer if different from the legal name.
- Contact information for the employer, including address, telephone number and one or more contact names.
- A general description of where it is anticipated that the employee will initially perform work.
- The employee’s starting hourly or other wage rate or commission (as applicable).
- The pay period and pay day established by the employer.
- A general description of the employee’s initial anticipated hours of work.
The requirement to provide the above-noted information does not apply to employers that employ less than 25 employees on the employee’s first day of work.
Practically, the requirement to provide employment information can be achieved by incorporating the prescribed information into existing employment contract templates, to the extent it is not already incorporated. Employers who do not currently incorporate this information into their employment agreement templates, or who do not use written employment contracts when engaging employees, should ensure that they have updated template agreements finalized before July 1, 2025.
The Dentons Employment and Labour group is constantly monitoring developments related to the Working for Workers acts and any other legislative changes that will impact Ontario employers. If you have any questions about the above amendments, please reach out to Larysa Workewych or any member of the Dentons’ Employment and Labour group.
[1] https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-149.
[2] https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-190.
[3] https://www.ontario.ca/laws/regulation/r24476.
[4] https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-79.
[5] https://www.ontario.ca/laws/regulation/r24477.
