Posting with the Times: Get Ahead of the New Job Rules Before They Pass You

The Ontario government is proposing major changes to job posting regulations, aimed at creating more transparency and fairness in the hiring process. These updates to the Employment Standards Act, 2000 (ESA), outlined in the Working for Workers 4 & 5 Acts, could reshape how employers recruit and how job seekers navigate their search. Here’s what’s on the horizon for both sides of the hiring equation.

Key Proposed Changes

The new rules will require employers to:

1. List expected salary or salary ranges in job postings.[1]
2. Indicate whether the job is for an actual vacancy or for future hiring needs.[2]
3. Prohibit Canadian experience requirements for applicants.[3]
4. Disclose the use of AI in screening, assessing, or selecting candidates.[4]
5. Respond to interviewed candidates on the status of their application.[5]

Notably, the changes have already been passed and are awaiting their enforcement date.

Why These Changes Matter

Managing Salary Expectations

For employers and candidates alike, salary transparency can be a game changer. By including salary details upfront, employers can attract candidates who are both interested and qualified, reducing wasted time for both parties. How often do applicants invest hours in a job application only to find the salary is nowhere near what they expected?

For employers, finding the “perfect candidate” only to discover they’re not interested in the compensation package can be just as frustrating. By being transparent about pay ranges, employers foster trust and prevent candidates from feeling like they’ve wasted their time.

Moreover, listing salary information can contribute to reducing pay inequality. Candidates who know what to expect in terms of compensation can make better-informed decisions, and the transparency will encourage more equitable pay practices.

Increasing Transparency in the Hiring Process

It’s not uncommon for organizations to post jobs that aren’t immediately available – sometimes to stockpile resumes or meet regulatory requirements. The new rules will force employers to disclose whether a job is genuinely open or part of a talent pipeline.

Additionally, with the growing use of AI in hiring, transparency around how algorithms might assess applicants is becoming crucial. These proposed changes will help candidates decide whether they want to apply for a role with AI-assisted evaluations or prefer limiting to jobs with human review.

However, the proposed laws won’t require employers to disclose if AI was used to create the job posting itself – an interesting omission.

No More Ghosting

The ghosting trend, where employers fail to follow up with candidates after interviews, has left job seekers in limbo for far too long. Who hasn’t had that experience of radio silence from a company, sometimes even for months? In fact an organization waited over a year before getting back in touch with me. By the time they reached out, my interest in the role had long since faded.

If these rules pass, companies will no longer be able to leave candidates hanging. They’ll be required to inform interviewees about the status of their application and keep a record of their responses for three years. These changes will help applicants move on with their job search instead of holding out hope for a role that’s no longer available.

Opening Doors with the Canadian Experience Ban

For many skilled immigrants, the requirement for “Canadian experience” has been a frustrating barrier to employment. How can someone gain Canadian experience if they can’t get a job without it? The new rules will prohibit such requirements, ensuring internationally trained professionals have a fairer shot at entering the workforce.

Removing this obstacle will promote a more diverse hiring pool, as employers gain access to a broader range of candidates who bring valuable global experience to the table. It’s a move that’s not just ethical, but strategic—diverse teams are proven to drive innovation and business success.

A Competitive Advantage for Employers: Early Compliance

Although these changes aren’t law yet, forward-thinking employers would do well to start implementing them now. Proactively adopting these practices can help position your organization as a leader in transparent, fair hiring practices. It’s also an opportunity to set your company apart from competitors in the race for top talent.

Employers who embrace these changes early will find themselves better prepared to meet new legal requirements, thereby minimizing the risk of penalties. Updating job posting templates, training HR staff, and implementing systems for tracking communication with candidates can give your business a head start in compliance and a competitive edge in attracting top talent.

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[1] ESA s.8.2(1)

[2] ESA s.8.5(1)(a)

[3] ESA s.8.3(1)

[4] ESA s.8.4(1)

[5] ESA s.8.6