What does Ontario's AI job posting rule require? Since January 1, 2026, Ontario employers with 25 or more employees must include a statement in every publicly advertised job posting if they use artificial intelligence to screen, assess, or select applicants for that position. The rule is part of a larger set of Employment Standards Act job-posting requirements that also cover pay ranges, vacancy disclosure, Canadian experience, and responding to candidates after interviews.
AI has quietly become part of hiring. Job boards rank applicants by how well they "match," applicant tracking systems score résumés, chatbots run pre-screening questions, and some video interview tools analyze answers. Many small and mid-sized employers use at least one of these features without thinking of it as "using AI."
Ontario now requires employers to be upfront about it. The disclosure itself takes one sentence. The harder part is knowing whether your tools trigger the rule, and making sure the rest of your job postings meet the new requirements that took effect at the same time.
This article is general information, not legal advice. For your specific situation, check the Ministry of Labour's guidance or speak with an employment lawyer.
Who the Rule Applies To
The job posting rules in Part III.1 of Ontario's Employment Standards Act apply to employers with 25 or more employees on the day a job is posted. The count is people, not full-time equivalents: part-time and casual employees each count as one, and employees at all of your Ontario locations are added together.
The rules cover publicly advertised job postings put up on or after January 1, 2026, meaning external postings advertised to the general public in any way, whether by you or by someone acting for you. Some postings are excluded:
- General recruitment campaigns and "help wanted" signs that do not advertise a specific position
- Postings open only to your existing employees
- Positions that will be performed outside Ontario
If a recruitment agency or another third party uses AI to screen applicants on your behalf, the disclosure obligation still rests with you as the employer.
What Counts as "Artificial Intelligence"?
Ontario's regulation defines artificial intelligence broadly, in wording modelled on the OECD's international definition: a machine-based system that, for explicit or implicit objectives, infers from the input it receives how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.
The Ministry of Labour's guidance says the definition covers everything from simple to complex systems, and that whether a particular tool is caught depends on the facts. It does not name specific products, and employment lawyers have pointed out that AI features built into everyday business software could fall within it.
In practice, you should assume the rule applies if any tool in your hiring process does one of the following:
- Ranks, scores, or filters applicants, such as an applicant tracking system that scores résumés against the job description, or a job board feature that sorts candidates by "match"
- Screens with automated questions, such as a chatbot or form that decides who moves forward based on answers
- Assesses interviews or tests, such as software that evaluates recorded video answers or grades skills assessments
- Summarizes or compares applications to help you decide who to interview, for example pasting résumés into an AI assistant and asking which candidates are strongest
Using AI to write the job posting, fix grammar, or schedule interviews is not the same as using it to screen, assess, or select applicants. If you are unsure whether a feature counts, ask the vendor directly, and when in doubt, disclose. A one-line statement costs nothing; a complaint to the Ministry does.
What to Write in Your Job Posting
No specific wording is prescribed. According to the Ministry's guidance, a statement that artificial intelligence is used to screen, assess, or select applicants is enough, and you do not need to describe the tool in detail. The statement must appear in the job posting itself. Plain language works best. For example:
"We use artificial intelligence tools to help screen and assess applications for this position. Every application flagged by these tools is reviewed by a member of our hiring team, and all hiring decisions are made by people."
Only include the second sentence if it is true. If a tool automatically rejects applicants without human review, say what the tool does, and seriously consider changing that process (see below).
The Other Job Posting Rules That Started the Same Day
The AI disclosure is one of several new requirements for publicly advertised job postings that took effect on January 1, 2026:
| Requirement | What It Means |
|---|---|
| Pay transparency | Include the expected compensation or a range. A range can be no wider than $50,000 a year. This does not apply if the expected pay, or the top of the range, is more than $200,000 a year. |
| Vacancy disclosure | State whether the posting is for an existing vacancy. |
| No Canadian experience requirements | The posting and any application form cannot require Canadian experience. Genuine professional licensing requirements are still allowed. |
| 45-day follow-up | Tell every applicant you interviewed whether a hiring decision has been made within 45 days of their last interview. You can do this in person, in writing, or electronically, including a status update in an applicant portal. Preliminary screening does not count as an interview. |
| Record keeping | Keep copies of each publicly advertised posting and its application form, and the information you gave interviewed applicants, for three years. |
These requirements came from two provincial laws passed in 2024, the Working for Workers Four and Five Acts. Employment standards officers can investigate complaints, issue compliance orders, and issue notices of contravention with monetary penalties that increase for repeat contraventions, and serious cases can be prosecuted.
A Compliance Checklist for Ontario Employers
- Inventory your hiring tools. List every job board, applicant tracking system, assessment platform, and AI assistant used in hiring. Ask each vendor, in writing, whether the features you use rank, score, filter, or evaluate candidates.
- Update your job posting template with the AI statement (where it applies), the pay range, and whether the position is an existing vacancy.
- Remove Canadian experience requirements from postings and application forms.
- Set up a 45-day follow-up process so every interviewed candidate hears back on time. A calendar reminder or a simple tracker is enough for most small employers.
- Keep records for three years: each public job posting, its application form, and your communications with interviewed candidates.
- Brief whoever posts jobs. Hiring managers who post directly to job boards need to know the rules too.
Beyond Compliance: Using AI in Hiring Responsibly
Disclosure is the legal minimum. AI screening tools can also make hiring worse if you are not careful:
- Keep a person in the loop. AI can help sort a large pile of applications, but a human should review any candidate the tool would reject before that decision is final.
- Watch for bias. Screening tools learn from patterns that may disadvantage people based on grounds protected by the Ontario Human Rights Code, such as age, disability, or place of origin. Using a tool does not transfer responsibility for discrimination to the vendor.
- Protect applicant information. Résumés are full of personal information. Know where your hiring tools store it, who can see it, and how long it is kept, and never paste applicant details into a personal AI account.
- Be ready to explain. If a candidate asks how the AI was used, you should be able to answer in plain language.
Frequently Asked Questions
Does using ChatGPT to write a job posting mean I have to disclose AI?
No. The disclosure requirement applies when AI is used to screen, assess, or select applicants. Using AI to draft or edit the posting itself is not screening. If you use AI to summarize, score, or compare applications to decide who moves forward, include the disclosure.
Does Ontario's AI job posting rule apply to small businesses?
The job posting requirements apply to employers with 25 or more employees on the day the posting is published, counting part-time and casual staff and all Ontario locations. Employers with fewer than 25 employees are not covered, although telling applicants how AI is used is still good practice.
Is there required wording for the AI disclosure in a job posting?
No specific wording is prescribed. According to the Ministry of Labour's guidance, a statement that artificial intelligence is used to screen, assess, or select applicants is enough, and a detailed description of the tool is not required. The statement must appear in the publicly advertised job posting itself.
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Key Takeaways
- Since January 1, 2026, Ontario employers with 25 or more employees must disclose in publicly advertised job postings whether AI is used to screen, assess, or select applicants
- The rule covers AI features in job boards, applicant tracking systems, chatbots, assessment tools, and AI assistants used to compare candidates
- Using AI to write a posting or schedule interviews is not screening, but when in doubt, disclose
- The same changes require a pay range, a statement about whether the job is an existing vacancy, no Canadian experience requirements, and follow-up with interviewed candidates within 45 days
- Keep job postings, application forms, and candidate communications for three years
- Keep a human in the loop and watch for bias: the Ontario Human Rights Code still applies when AI does the screening