Employment Standards Act, 2000, Part III.1 — Job Postings (s. 8.4, AI disclosure)
Employers with 25 or more employees on the day a posting is posted. Head-count, not FTE — part-time, casual, probationary, laid-off and on-leave employees each count as one, aggregated across all Ontario locations. Applies to a 'publicly advertised job posting': an external posting advertised to the general public in any manner. Excludes general recruitment campaigns, help-wanted signs, internal-only postings, and work performed outside Ontario. The Crown and its agencies are exempt.
- 01State in the posting that AI is used, where AI is used to screen, assess or select applicants — including where a third-party recruiter does the screening on your behalf.
- 02Disclose expected compensation or a range; a stated range may not span more than $50,000/yr. Exempt above $200,000/yr.
- 03State whether the posting is for an existing vacancy.
- 04Tell every interviewed applicant whether a hiring decision has been made, within 45 days of their last interview.
- 05Omit any Canadian-experience requirement from the posting and any associated application form.
- 06Retain each posting and any associated application form for 3 years after public access is removed, and the interview follow-up for 3 years from the day it was given.
- 01Nothing directly. The duty sits on the employer even when the vendor does the screening — so the practical vendor obligation is to give customers the disclosure language and to tell them plainly that AI is in the loop.
- 01No bias audit, impact assessment or testing of any kind.
- 02No description of which tool is used or how it works. The Ministry's own guide states a bare statement that AI is used is enough.
- 03No candidate consent, no opt-out, no right to a human alternative, no accommodation process.
- 04No duty to fill the vacancy, to hire at the posted compensation, or to say who was hired.
Compliance orders and notices of contravention from an employment standards officer; prescribed monetary penalties of $250 / $500 / $5,000 for first, second and third contraventions in a three-year period. Prosecution under s. 132 carries fines up to $100,000 for an individual and $100,000 / $250,000 / $500,000 for a corporation on successive convictions. Reports go to PubliclyAdvertisedJP@ontario.ca; enforcement is ministry-initiated.
This is our home jurisdiction and the row most likely to bind our customers. Whether BitStage ships ready-to-paste s. 8.4 disclosure language with every role has not been assessed on the record. Until it is, this row says so.
“shall include in the posting a statement disclosing the use of the artificial intelligence”
ESA, 2000, s. 8.4(1)