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Ontario Working for Workers Four Act, 2024 — AI Hiring Disclosure (job-posting rules): AI Compliance Requirements

Ontario's Working for Workers Four Act, 2024 added job-posting rules to the Employment Standards Act, 2000 (ss. 8.1–8.6) that took effect January 1, 2026. The rules apply ONLY to employers with 25 or more employees in Ontario (counted on the day a publicly advertised job posting is posted). A covered employer that uses artificial intelligence to SCREEN, ASSESS, OR SELECT applicants for a publicly advertised job posting must include a statement in that posting disclosing the use of AI. Covered employers must also retain a copy of every publicly advertised job posting and any associated application form (and interviewed-candidate notification records) for three years after public access to the posting is removed. There is NO requirement under these rules to post an internal AI-hiring policy. This is Canada's first province-level mandatory AI-hiring-disclosure rule.

Summary of publicly-available regulatory text as of 2026-08-22. Verify against current official sources before relying on this for compliance decisions. Not legal advice.

Key Facts

Effective Date

January 1, 2026

Maximum Penalty

Enforced by employment standards officers under the Employment Standards Act, 2000 (Ministry of Labour, Immigration, Training and Skills Development). ESA prosecution fines: individuals up to $100,000 and/or 12 months imprisonment (raised from $50,000 effective 2024-10-28); corporations $100,000 (first conviction) / $250,000 (second) / $500,000 (third). No O. Reg. 476/24-specific administrative monetary penalty has been published as of 2026-06-14. legal_review_pending.

What Your Business Must Do

3 compliance requirements identified. Critical requirements carry the highest risk of enforcement action.

AI Use Disclosure in Publicly Advertised Job Postings (employers with 25+ employees)

High Priority

If your organization has 25 or more employees in Ontario and you use artificial intelligence to SCREEN, ASSESS, OR SELECT applicants for a publicly advertised job posting, that posting must include a statement disclosing the use of AI. The statement goes in the publicly advertised posting itself. Example language: "Artificial intelligence is used to screen, assess, or select applicants for this position." The duty is triggered only by a publicly advertised posting (advertised to the general public); internal-only postings, general recruitment campaigns not tied to a specific position, and positions performed outside Ontario are out of scope.

Deadline: January 1, 2026

Employment Standards Act, 2000, ss. 8.1-8.6 (as added by the Working for Workers Four Act, 2024); O. Reg. 476/24

Three-Year Record-Keeping of Postings and Application Forms

Medium Priority

Retain a copy of every publicly advertised job posting and any associated application form for three years after public access to the posting is removed. Records of the notifications given to interviewed candidates must also be kept for three years. This is a statutory record-keeping duty under the job-posting rules (ESA ss. 8.1–8.6 / O. Reg. 476/24).

Deadline: January 1, 2026

Employment Standards Act, 2000, ss. 8.1-8.6 (as added by the Working for Workers Four Act, 2024); O. Reg. 476/24

Internal AI Hiring Documentation (recommended best practice — NOT statutorily mandated)

Lower Priority

NOTE: the Working for Workers Four Act job-posting rules do NOT require an internal AI-hiring policy — the only AI duty is the in-posting disclosure above. As a recommended (non-mandatory) practice, document which AI tools are used, at what hiring stage, and how human review is incorporated, so the in-posting disclosure stays accurate. (Employers with 25+ employees do have separate ESA duties to maintain written electronic-monitoring and disconnecting-from-work policies — those are different provisions, not part of these job-posting rules.)

Deadline: January 1, 2026

Who Does This Apply To?

Applies ONLY to employers with 25 or more employees in Ontario, counted on the day a publicly advertised job posting is posted, under the Working for Workers Four Act, 2024 (job-posting provisions added to the Employment Standards Act, 2000, ss. 8.1–8.6, and O. Reg. 476/24; effective January 1, 2026). "Publicly advertised job posting" means an external job posting that an employer (or a person acting on its behalf) advertises to the general public, subject to prescribed exclusions. In scope means: where the covered employer uses artificial intelligence to "screen, assess, or select" applicants for such a posting, the posting must include a statement disclosing the use of AI. O. Reg. 476/24 defines artificial intelligence as a machine-based system that, for explicit or implicit objectives, infers from the input it receives in order to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. The covered employer must also retain every publicly advertised posting + associated application form + interviewed-candidate notification records for three years after public access to the posting is removed. EXEMPT: employers with fewer than 25 employees; general recruitment campaigns not tied to a specific position; internal-only postings limited to existing employees; and positions where the work is or will be performed outside Ontario (and is not a continuation of Ontario work). There is NO internal-AI-policy-posting requirement under these rules. This is Canada's first province-level mandatory AI-hiring-disclosure rule. Enforced by employment standards officers under the ESA (Ministry of Labour, Immigration, Training and Skills Development).

Recent Regulatory Guidance

guidance2026-01

Ontario — Your guide to the Employment Standards Act / job-posting rules

Under the job-posting rules in force January 1, 2026 (ESA ss. 8.1–8.6, O. Reg. 476/24): employers with 25 or more employees in Ontario that use artificial intelligence to "screen, assess, or select" applicants for a publicly advertised job posting must include a statement in that posting disclosing the use of AI; covered employers must also retain each publicly advertised posting and any associated application form for three years after the posting is removed. The rules do not impose an internal AI-policy-posting duty. (Mechanics stated from the statute and regulation; the linked page is Ontario's general ESA guide.)

Industry Playbooks covering Ontario Working for Workers Four Act, 2024 — AI Hiring Disclosure (job-posting rules)

These industry playbooks include jurisdiction-specific checklist items and guidance for Ontario Working for Workers Four Act, 2024 — AI Hiring Disclosure (job-posting rules).

Frequently Asked Questions

Does Ontario Working for Workers Four Act, 2024 — AI Hiring Disclosure (job-posting rules) apply to my business?

Ontario's Working for Workers Four Act, 2024 added job-posting rules to the Employment Standards Act, 2000 (ss. 8.1–8.6) that took effect January 1, 2026. The rules apply ONLY to employers with 25 or more employees in Ontario (counted on the day a… Use Aegis Firma's free scanner to get a personalized assessment in under 5 minutes.

What is the penalty for non-compliance?

The maximum penalty under Ontario Working for Workers Four Act, 2024 — AI Hiring Disclosure (job-posting rules) is: Enforced by employment standards officers under the Employment Standards Act, 2000 (Ministry of Labour, Immigration, Training and Skills Development). ESA prosecution fines: individuals up to $100,000 and/or 12 months imprisonment (raised from $50,000 effective 2024-10-28); corporations $100,000 (first conviction) / $250,000 (second) / $500,000 (third). No O. Reg. 476/24-specific administrative monetary penalty has been published as of 2026-06-14. legal_review_pending.. Fines are typically scaled by company size, severity of violation, and whether violations were willful or accidental.

How do I comply with Ontario Working for Workers Four Act, 2024 — AI Hiring Disclosure (job-posting rules)?

The 3 requirements above cover the core obligations. The fastest path to compliance is: (1) conduct an AI risk assessment, (2) document your AI systems, (3) implement transparency disclosures where required. Aegis Firma generates all required documents automatically.

Official Source

https://www.osler.com/en/insights/blogs/employment-and-labour-law-blog/reminder-for-ontario-employers-incoming-public-job-posting-requirements/

Last updated: 2026-08-22 — verify at source before relying on this information.

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