Count Again: Ontario's Job Posting Rules May Already Apply to You

Article

Most owners who heard about Ontario's new job posting rules filed them under "big company problem." The rules only kick in at 25 employees, and a family-run operation with a few shops or a small fleet doesn't feel like a big company.

But Ontario doesn't count employees the way most of us do in our heads. Plenty of Punjabi-Canadian businesses that feel small are already over the line, and have been since January 1.

How the province counts

The province's own guide to the Employment Standards Act is clear on this, and it's stricter than gut feel:

Heads, not hours. Part-time and casual employees each count as one, no matter how few shifts they work. Twenty part-timers and five full-timers is 25.

Every Ontario location, added together. The guide's own example is an owner with three sandwich shops and 12 staff at each. That's 36 employees, so the rules apply even though no single shop comes close.

Related companies can be combined. In some circumstances, two or more employers are treated as one, and all their Ontario employees go into the same count.

People who aren't on the schedule this week. Employees on leave, on layoff, on probation or on a short-term contract all count.

The count happens on the day the ad goes up. If you run several franchise locations, a trucking company with a bench of casual drivers, or a family group with a few corporations, do the math before your next posting.

What a compliant posting needs

If you're at 25 or more, every publicly advertised job posting needs a few things in it, according to the same ontario.ca guide :

The expected pay or a pay range. A range can't be wider than $50,000 a year. Roles paying more than $200,000 are exempt.

A statement saying whether you use AI to screen, assess or select applicants.

A statement saying whether the job is an existing vacancy.

No Canadian experience requirements, in the ad or the application form. That covers work experience, education and "an established network or client base." Professional licensing requirements are still allowed.

A general "We're hiring" sign is not covered, and neither are postings open only to current staff. If a recruiter or a job board posts for you, you're still the one responsible.

The guide also flags that Canadian experience requirements may be caught by the Ontario Human Rights Code, which is a separate law. Owners under the threshold shouldn't read the 25-employee line as a free pass on that one.

The pay range is the easy part

The common advice is to add a salary range and move on. That's the part most people get right. The two obligations that trip up smaller operations happen after the ad is posted.

First, if you interview someone, you have to tell them whether a hiring decision has been made within 45 days of their last interview. A text or an email counts. A quick phone call to confirm someone meets the minimum qualifications is a preliminary screening. A real conversation about fit is an interview. If your hiring runs through phone calls and WhatsApp, this is where a well-meaning owner goes quiet on a candidate and ends up offside.

Second, you have to keep a copy of every posting and its application form for three years after it comes down. That includes each revised version and any document the ad links to. You also have to keep a copy of what you told each interviewed applicant. A shared folder and a two-line note per candidate will do it. The province can issue penalties and, on conviction, fine a corporation up to $100,000 for a first offence .

The AI line is wider than you'd think

Plenty of owners assume they don't use AI in hiring. Then they look at the job board's applicant ranking, or the recruiter's screening software. When the rule took effect, the share of Ontario job postings mentioning AI-related terms jumped from 9% in October 2025 to 28% in May 2026 , according to Indeed's Hiring Lab.

The province's guide says a short statement that AI is used is enough. You don't need to describe the system. As of February, Osler noted the ministry still hadn't defined what counts as "screening" or "assessing," and that many employers were simply adding a blanket disclosure to every posting. For a small business without an HR department, that's a reasonable default.

Under 25? Post the pay anyway

If you're genuinely under the threshold, none of this is mandatory. Most of it is still worth doing. Indeed's data shows the share of Ontario postings with pay information rose from 49% just before the rules took effect to 71% by June 2026 . Candidates scrolling a job board now expect a number. An ad without one looks like the employer has something to hide, or hasn't thought about it. Neither is the impression you want when you're competing with bigger names for the same driver, cook or pharmacy assistant.

The 45-day callback is good manners with a deadline. The people you don't hire still talk to the people you'll want next.

Key takeaways

Count every part-timer, casual and Ontario location before you post. If you're at 25 or more, every public ad needs pay information, an AI statement and a vacancy statement, with no Canadian experience requirement. Tell interviewed candidates where they stand within 45 days, and keep three years of records. Under 25, posting the pay is still the smart move.

If you're hiring this fall, you're not the only owner rewriting a job ad. Our Chamber brings Punjabi-Canadian business owners across the GTA and Western Ontario into the same room to compare notes on exactly this kind of thing. Creating a free account is the easiest way to stay connected.

This is general information, not legal or professional advice. Talk to an employment lawyer or HR professional about your specific situation.

Sources

Government of Ontario, "Requirements related to publicly advertised job postings," Your guide to the Employment Standards Act (updated February 24, 2026)

Indeed Hiring Lab Canada, "Growth in Canadian Salary Transparency Driven by Two Provinces" (July 23, 2026)

Indeed Hiring Lab Canada, "Ontario Job Postings Highlight the Widespread Use of AI in Hiring Processes" (July 8, 2026)

Osler, Hoskin & Harcourt LLP, "AI in hiring: Ontario employers grappling with new job posting disclosure requirement" (February 3, 2026)