New Job Posting Rules: What Employers Should Know

Recent amendments to laws regarding what must (and must not) be included in job postings support our prediction that Canadian governments will continue to make changes aimed at enhancing employer transparency.

The Ontario government, in particular, introduced significant changes to the rules regarding job postings – in an effort to increase transparency for job seekers. Other provinces, such as British Columbia and Prince Edward Island, have included job ad requirements in their pay transparency legislation. And Quebec has unique requirements regarding job postings in the French language.

Here’s a breakdown of the key elements of these new laws and what they mean for employers.

Ontario Job Posting Amendments

Ontario included changes to job postings rules in Bill 149 and Bill 190. Bill 149 has not yet been proclaimed into force, as additional details will likely be included in future regulations. And Bill 190 is still making its way through the Ontario legislature (i.e., it has not yet been passed by the government). That said – while these changes are not yet in force, they do provide important insights into the new requirements that employers should expect to see.

Mandatory Compensation Disclosure

One of the most notable aspects of the coming Ontario law is the requirement for employers to include expected compensation or a range of expected compensation in publicly advertised job postings. This move is designed to provide job seekers with a better understanding of what they can expect to earn, helping them make more informed decisions about applying for positions.

The Ontario government, however, has left itself a lot of room to maneuver. Future regulations are likely to contain further details on what information will have to be disclosed, as well as any exemptions from this requirement (e.g., for certain industries or occupations) that may apply.

Ban on Canadian Experience Requirements

Once in force, changes to the Employment Standards Act, 2000 (ESA), will prohibit employers from including Canadian experience requirements in their job postings or associated application forms. This restriction could prove difficult where Canadian citizenship is a job requirement imposed or authorized by law. However, the Ontario government has again left the details to be determined in future regulations, which may permit exceptions to this rule.

Disclosure of AI Usage in Hiring

In an age where technology is increasingly used to simplify the hiring process, the new law mandates that job postings must disclose any use of artificial intelligence (AI) in the screening, assessment, or selection of applicants.

As we have discussed before, AI tools may have inherent biases. For example, Amazon stopped using a hiring algorithm after finding it favored applicants based on words like “executed” or “captured,” which were more commonly found on men’s resumes. Transparency regarding AI usage may encourage employers to be more mindful of the ethical implications of using AI in recruitment.

Again, the Ontario government has left open the option of enacting exceptions to this rule, through future regulations.

Clarity on Job Vacancies

Subject to possible exceptions, job ads will have to disclose whether the posting is for an existing vacancy. This information may help manage applicants’ expectations and provide a clearer picture of the job market.

Employers’ Duty to Provide Information

Beyond job postings, employers will have a duty to provide certain information (to be determined) to applicants who are interviewed. This provision may provide further transparency around an employer’s hiring process.

Record Keeping

For 3 years, employers will have to retain the following records of these transparency obligations:

• copies of publicly advertised job postings and any associated application forms;
• information provided to interviewed job applicants.

Other Provinces’ Job Posting Rules

British Columbia and Prince Edward Island require employers to include the expected pay or the range of expected pay for a position in a job posting. Newfoundland and Labrador has passed similar legislation, but it is not yet in force.

Employers hiring in Quebec must publish offers of employment, transfer or promotion in French. Where an employer publishes a position (as part of recruitment, hiring, transfer or promotion) in a language other than French, they must publish the position simultaneously in French. For more information on how Quebec’s French language laws impact hiring, see our earlier post: French Language Laws Triggered by 1 Quebec Employee.

Implications for Employers

These new regulations will require employers to adapt their recruitment processes to comply with new transparency requirements. This might involve updating job posting templates and policies, training HR staff on the new requirements, and ensuring that AI tools used in hiring are disclosed appropriately.

These changes may inspire similar reforms in other provinces. Employers should watch for more changes and further details on Ontario’s upcoming job posting regime.

For more information on hiring, including human rights protections, see our earlier post: Hiring in Canada? 4 Things to Know

How Compliance Works Helps HR Teams 

Governments are continually responding to changes in the Canadian workplace by amending employment laws. This includes evolving employer transparency requirements. Compliance Works makes it easy to track and understand these changes. Subscribers can review Reminders to see changes and deadlines coming up in the next 60 days.

Contact us to Request a Demo or email us at info@complianceworks.ca to learn how a subscription to Compliance Works can help your HR team succeed.

**See article on Compliance Works blog here.