As we enter 2026, Ontario employers face important updates to pay transparency and job posting requirements. These changes are designed to improve fairness, increase transparency for job seekers, and ensure compliance with the Employment Standards Act. To help you navigate these new obligations, we’ve prepared a practical checklist that outlines what every employer with 25 or more employees needs to do before January 1, 2026. Following this checklist will help protect your organization from risk while streamlining your hiring processes.
Effective January 1, 2026 (Employers with 25+ Employees)
Use this checklist to confirm your organization is prepared for Ontario’s new pay transparency and job posting requirements under the Employment Standards Act (ESA).
1. Workforce Threshold Confirmation
☐ Confirm your organization employs 25 or more employees in Ontario
☐ Establish an annual process to re-confirm employee count (as thresholds may be assessed yearly)
2. Job Posting Content Requirements
For publicly advertised job postings (job boards, careers pages, social media, recruiters):
☐ Include expected compensation or a salary range
☐ Ensure salary ranges do not exceed a $50,000 spread
☐ Confirm exemption if:
- Expected compensation exceeds $200,000 annually, or
- Top of the range exceeds $200,000
☐ Ensure compensation reflects base pay and any guaranteed pay (not discretionary bonuses)
3. Artificial Intelligence (AI) Disclosure
☐ Identify whether AI is used at any stage of hiring (e.g., résumé screening, ranking, assessments)
☐ If yes, include a clear disclosure in the job posting stating AI is used in the hiring process
☐ Align disclosures with actual recruitment practices to avoid misrepresentation
4. Vacancy Transparency
☐ Clearly state whether the posting is for:
- An existing vacancy, or
- A general candidate pool / future opportunity
☐ Remove “pipeline only” or misleading postings that suggest an active vacancy where none exists
5. Prohibited Job Posting Language
☐ Remove Canadian work experience requirements from:
- Job postings
- Application forms
- Screening criteria
☐ Ensure job requirements focus on skills, competencies, and experience, not geographic history
6. Candidate Communication Obligations
☐ Track all candidates who are interviewed (in-person or virtual)
☐ Communicate hiring outcomes to interviewed candidates within 45 days of their final interview
☐ Communication may be written, verbal, or electronic—but must be documented
7. Recordkeeping Requirements
☐ Retain copies of:
- Public job postings
- Job application forms
- Interview decision communications
☐ Maintain records for three years after the posting is no longer publicly available
☐ Store records securely and ensure accessibility in the event of a Ministry of Labour audit
8. Existing 2025 Requirement (Do Not Overlook)
☐ Provide written job information to new hires before their first day or as soon as practicable, including:
- Employer legal name and contact information
- Work location
- Wage or salary
- Pay period and pay day
- Expected hours of work
9. Internal Alignment & Training
☐ Update all job posting templates
☐ Train hiring managers and recruiters on:
- Pay transparency rules
- AI disclosure obligations
- Interview follow-up timelines
☐ Align compensation philosophy with posted ranges to avoid internal equity issues
10. Risk & Readiness Check
☐ Conduct a pre-January 2026 audit of recruitment practices
☐ Identify gaps between current practices and legal requirements
☐ Assign accountability for compliance (HR, leadership, or external advisor)
Final Thought for Employers
These changes are not just a compliance exercise—they directly impact employer brand, candidate trust, and hiring efficiency. Organizations that prepare early will avoid risk, reduce hiring friction, and position themselves as transparent, credible employers.
How Peak Performance HR Can Support You?
Navigating Ontario’s new pay transparency and job posting requirements doesn’t have to be overwhelming. Peak Performance HR helps employers stay ahead of these changes by providing practical, actionable support that ensures compliance and protects your organization from risk.
We guide you through every step of the process—from updating job postings to reflect salary ranges and AI disclosures, to ensuring onboarding, policies, and recordkeeping meet legislative requirements. Using tools like our comprehensive pay transparency and job posting checklist, we make it easy to identify gaps, standardize processes, and communicate changes clearly to both employees and candidates.
For small and mid-sized businesses, these legislative updates can feel complex. Our approach simplifies compliance into manageable steps, helping you maintain fair hiring practices, build trust with your team, and reduce legal and operational risk. With Peak Performance HR as your partner, staying compliant becomes a structured, confidence-inspiring process rather than a burden.
Book a free consultation with Peak Performance HR to learn more about our fractional Human Resources and Recruitment solutions. Call 416-822-3471, email [email protected], or book your initial meeting today.
