Canada: Open for Comment: Consultation on New Job Posting Rules in Ontario

Author: Emily Elder

Bottom Line

Employers and other stakeholders can provide comments on the proposed new rules for job postings in Ontario until 20 September 2024. These proposed rules include the new Part III.1 (Job Postings) in the Employment Standards Act, 2000 (ESA), which is not yet in force, and those further amendments in Bill 190, the Working for Workers Five Act, 2024, which has not yet passed. Key aspects of the new cyber security legislation contained in Bill 194 also form part of this consultation. We wrote about these developments previously (see here for the new Part III.1, here for Bill 190 and here for Bill 194).

The government requests input on, among other proposed changes:

• definitions of “artificial intelligence” (AI) and “publicly advertised job posting” and “interview”
• requirements to disclose the use of AI in hiring practices
• thresholds for the mandatory inclusion of salary ranges on job postings
• the prohibition against requiring Canadian experience
• disclosure of whether a job posting is for an existing vacancy
• whether businesses with less than 25 employees should be exempt from the requirement to disclose existing vacancies
• criteria for the obligation on employers to provide certain information to applicants whom they interviewed

Interested parties can access the Consultation Paper or in Ontario’s Regulatory Registry. Submissions can be made via email.