Ontario employers now have new pay transparency rules for many publicly advertised jobs. Since January 1, 2026, employers with at least 25 employees must generally include expected compensation or a compensation range in covered public job postings.
The rules also require certain employers to disclose the use of artificial intelligence in hiring, state whether an actual vacancy exists and remove Canadian-experience requirements from covered job postings and applications.
Despite many searches referring to the “Ontario Pay Transparency Act,” the Pay Transparency Act, 2018 is not currently in force. Ontario’s active job-posting transparency rules are found in the Employment Standards Act (ESA).
Starting January 1, 2026: Covered Ontario job postings need to show expected compensation, disclose certain uses of AI and state whether an actual vacancy exists.
On This Page:
- 1. Ontario Pay Transparency Rules
- 2. Salary Range Requirements
- 3. Which Employers Are Covered?
- 4. AI & Vacancy Disclosures
- 5. Canadian Experience
- 6. After an Interview
- 7. Discussing Pay With Coworkers
- 8. Employee Rights & Complaints
- 9. FAQ
- 10. Get Legal Advice
What Are Ontario’s Pay Transparency Rules?
Ontario introduced new requirements for publicly advertised job postings under the ESA on January 1, 2026.
For employers covered by the rules, a publicly advertised job posting generally must:
- Include the expected compensation or a range of expected compensation
- Disclose if artificial intelligence is being used to screen, assess or select applicants
- State whether the posting is for an existing vacancy
- Not require Canadian experience
Employers also have new obligations after interviewing applicants and must keep certain job-posting and interview records.
Is the Ontario Pay Transparency Act in Effect?
No. Ontario’s Pay Transparency Act, 2018 has not been brought into force.
The law contained proposed rules dealing with compensation history, salary ranges, pay transparency reports and protections for employees discussing compensation. However, those provisions should not be confused with Ontario’s current rules.
The active requirements that took effect in 2026 were added to Ontario’s Employment Standards Act through separate legislation.
Searching for the “Pay Transparency Act Ontario”? The key rules employees and job applicants need to know in 2026 are Ontario’s ESA job-posting requirements, which are explained below.
Do Ontario Job Postings Have to Include a Salary?
Many do. Covered employers must generally include information about the expected compensation or range of expected compensation for a publicly advertised position.
An employer can provide either:
- A specific expected amount; or
- A range of expected compensation
How Wide Can the Salary Range Be?
If an employer uses a compensation range, the difference between the bottom and top of the range generally cannot exceed the equivalent of $50,000 per year.
For example:
| Example range | Generally permitted? |
|---|---|
| $60,000–$90,000 | Yes — the range is $30,000. |
| $85,000–$135,000 | Yes — the range is $50,000. |
| $80,000–$150,000 | No — the range exceeds $50,000. |
What About Jobs Paying More Than $200,000?
The compensation disclosure requirement does not apply where the expected compensation is more than the equivalent of $200,000 per year, or where the upper end of a compensation range exceeds that amount.
For example, a posting with expected compensation of $225,000 would not have to include that amount under this particular ESA requirement.
Does Compensation Mean Only Base Salary?
Not necessarily. Where expected compensation includes more than one form of compensation, the employer may need to provide information about each component.
For example, a posting could identify an hourly wage plus expected commission or describe a bonus opportunity as a percentage of salary.
A posted salary range is not necessarily a guaranteed salary offer. Ontario’s rule requires disclosure of expected compensation, but it does not automatically require an employer to hire an applicant at a particular point within the posted range.
Which Ontario Employers Have to Follow the Pay Transparency Rules?
The public job-posting requirements generally apply to employers with 25 or more employees on the day the job posting is posted.
When determining whether the employer meets the threshold, employees are counted individually — not as full-time equivalents.
That means part-time and casual employees generally count toward the 25-employee threshold in the same way as full-time employees.
If an employer operates multiple locations in Ontario, employees across those Ontario locations can count toward the total.
Do Small Employers Have to Post Salary Ranges?
Employers with fewer than 25 employees on the day the posting is advertised are generally exempt from these particular ESA job-posting requirements.
That does not remove other obligations the employer may have under employment standards, human rights or other workplace laws.
Do Employers Have to Disclose AI in Ontario Job Postings?
Yes, where the applicable rules are met.
If a covered employer uses artificial intelligence to screen, assess or select applicants for the position, the publicly advertised job posting must contain a statement disclosing that use.
The rule does not require an employer to publish every detail about the technology or explain its algorithm. It requires disclosure that AI is being used for the specified hiring purposes.
Does the Employer Have to Say Whether the Job Is Real?
Covered job postings must also include a statement indicating whether the posting is for an existing vacancy.
This rule is intended to give job seekers clearer information when employers advertise positions, including situations where a company may be gathering candidates without an immediate vacancy.
Can an Ontario Employer Require Canadian Experience?
Covered employers are prohibited from including a requirement for Canadian experience in a publicly advertised job posting or its associated application form.
That can include requirements relating to:
- Canadian work experience
- Canadian education credentials
- An established Canadian professional network or client base
This does not mean an employer must ignore legitimate professional licensing or registration requirements for the position.
Canadian-experience requirements can also raise separate issues under Ontario’s human rights laws, depending on the circumstances.
What Must an Employer Tell You After an Interview?
If a covered employer interviews an applicant for a publicly advertised position, the employer must generally tell the applicant whether a hiring decision has been made.
That information must be provided within 45 days after the interview. If there is more than one interview for the same posting, the deadline generally runs from the last interview.
The information can be provided in person, in writing or using technology.
How Long Must Employers Keep Job Posting Records?
Employers covered by the record-keeping requirements must retain copies of publicly advertised job postings and associated application forms for three years after public access to the posting is removed.
They must also retain required information provided to interviewed applicants for three years after it was provided.
Can Employees Discuss Their Wages in Ontario?
Ontario law provides some specific protection for employees who discuss pay for the purpose of determining whether an employer is complying with the ESA’s equal pay for equal work rules.
An employer can’t lawfully punish an employee for:
- Asking another employee about their rate of pay to determine whether equal-pay rules are being followed; or
- Disclosing their own rate of pay to another employee for that purpose
This protection is narrower than a general rule saying every wage discussion is protected in every situation. The Pay Transparency Act, 2018 would have provided broader protections around discussing compensation, but that Act is not currently in force.
If your employer disciplines, threatens or fires you after a conversation about compensation, the context matters. Get legal advice before assuming that the employer’s action is either automatically lawful or automatically prohibited.
What Can an Employee Do If an Employer Breaks Ontario’s Pay Transparency Rules?
Ontario’s job-posting requirements form part of the ESA. Employers must comply with the employment standards that apply to them.
If you believe an employer has violated an ESA right, the appropriate response depends on what happened and whether you are an applicant, current employee or former employee.
For workplace issues involving an existing employment relationship, employees should also be aware that the ESA prohibits certain reprisals for exercising protected rights.
Our guide to Ontario Ministry of Labour complaints explains when the Ministry process may apply and when you should consider getting legal advice first.
What If You Were Fired After Raising a Pay Issue?
If your employer terminates you after you raise concerns about compensation or workplace rights, do not assume that receiving some severance makes the dismissal lawful.
There may be separate issues involving reprisal, discrimination or wrongful dismissal depending on the circumstances.
If you are a non-unionized employee who has been terminated, you may also be entitled to substantially more compensation than the minimum amount initially offered by your employer.
Fired after raising a workplace pay concern? Do not sign a release before understanding both your severance entitlement and whether the circumstances of your termination create additional legal issues.
Frequently Asked Questions About Pay Transparency in Ontario
Is pay transparency law in effect in Ontario?
Yes. New ESA rules governing publicly advertised job postings took effect on January 1, 2026. However, the separate Pay Transparency Act, 2018 itself is not currently in force.
Do Ontario employers have to post salary ranges?
Covered employers with at least 25 employees generally need to disclose expected compensation or a compensation range in publicly advertised job postings, subject to exceptions.
What is the maximum salary range an employer can post?
Where a range is used under the ESA requirement, the spread between the minimum and maximum generally cannot exceed the equivalent of $50,000 per year.
Do jobs paying more than $200,000 need a salary range?
The compensation-disclosure requirement generally does not apply where expected compensation exceeds $200,000 annually or where the upper end of a posted range exceeds $200,000.
Does the law apply to employers with fewer than 25 employees?
No. The ESA’s publicly advertised job-posting requirements generally do not apply to an employer that has fewer than 25 employees on the day the posting is posted.
Do part-time employees count toward the 25-employee threshold?
Yes. Employees are generally counted individually rather than by full-time equivalent. Part-time and casual employees can therefore count toward the threshold.
Can an employer ask for Canadian experience in Ontario?
Covered employers cannot include Canadian-experience requirements in publicly advertised job postings or associated application forms. Professional licensing or registration requirements are treated differently.
Does an employer have to disclose the use of AI?
A covered employer that uses artificial intelligence to screen, assess or select applicants must disclose that use in the job posting.
Does an employer have to tell me if I did not get the job?
If you were interviewed for a covered publicly advertised position, the employer must generally tell you within 45 days after the interview — or last interview — whether a hiring decision has been made.
Can my employer stop me from discussing salary with coworkers?
Ontario’s ESA specifically protects certain pay discussions connected to determining compliance with equal-pay rules. It does not create an unlimited protection for every possible salary discussion. The circumstances matter.
Speak With an Ontario Employment Lawyer
Pay transparency rules can help job seekers understand compensation before applying, but workplace pay disputes can involve more than what appears in a job posting.
If your employer has changed your compensation, disciplined you after you raised a pay concern or terminated your employment, find out what rights apply before deciding what to do next.
The Ontario employment lawyers at Samfiru Tumarkin LLP helps non-unionized employees across Ontario understand workplace changes, compensation disputes and termination rights.
Pay changed or job at risk? Before accepting a major change, resigning or signing a termination package, contact our team or call 1-855-821-5900.