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Hiring in Ontario? You Must Say If AI Screens Applicants

November 4, 2026By Sandbox Media

Since January 1, 2026, Ontario employers with 25 or more employees have to say it in the posting: does AI screen, assess, or select applicants? That's the rule under the Employment Standards Act, 2000, as described in Ontario's Employment Standards Act guide and by the law firm Osler. This is a summary, not legal advice.

Here's the question for business owners: does any tool that touches a job applicant use AI? It's bigger than it sounds, because vendors may add AI features over time.

Key Takeaways

Ontario's job posting rules under the Employment Standards Act, 2000 took effect January 1, 2026.
They apply to employers with 25 or more employees on the day a publicly advertised job posting goes up.
Employers must disclose whether AI is used to screen, assess, or select applicants.
Ontario's guide (updated February 24, 2026) says it's enough to state that AI is used to screen, assess, or select applicants. No detailed description of the AI system is needed.
Osler suggests regularly auditing third-party recruiting tools, since vendors may add AI features over time.

What does Ontario's AI job posting rule require?

Say it in the posting. Employers with 25 or more employees on the day a publicly advertised job posting goes up must disclose whether they use AI to screen, assess, or select applicants.

What is excluded from the rule?

Per Osler, three things sit outside the rule: internal postings, general recruitment efforts that don't advertise specific positions, and postings for roles performed outside Ontario.

What are the penalties?

Per Osler, on conviction, a corporation is "theoretically liable" for a fine of up to $100,000 for an Employment Standards Act contravention. In Osler's experience, aggressive enforcement of non-monetary contraventions is generally not the first step. But Osler also says candidates may view non-disclosure as dishonest. That's a trust problem, and it doesn't need a fine to hurt.

What should an employer do now?

One task. It's Sandeep's advice from the episode, and the vendor audit is Osler's suggestion:

List every tool that touches a job applicant.
Ask each vendor in writing whether it uses AI to screen, assess, or select.
Keep the answers.
Confirm your posting wording with an employment lawyer.

Already thinking about the AI tools your team uses? Put your AI rules in writing. Read Does Your Company Have an AI Policy?

Item	What the sources report
Effective date	January 1, 2026
Applies to	Employers with 25 or more employees on the day a publicly advertised posting goes up
Must disclose	Whether AI is used to screen, assess, or select applicants
Excluded (per Osler)	Internal postings, general recruitment efforts that don't advertise specific positions, roles performed outside Ontario

Frequently Asked Questions

Is this legal advice?

No. It summarizes Ontario's published guide and a law firm's description of the rule; confirm your wording with an employment lawyer.

Does the rule say how much detail to give?

No. Ontario's guide says it is enough to state that AI is used to screen, assess, or select applicants, and it is not necessary to provide a detailed description of the AI system.

Has the Ministry defined "screen," "assess," and "select"?

The guide (updated February 24, 2026) says the definition of AI captures systems from simple to complex and that whether a system counts depends on the facts of each case; it does not define "screen," "assess," or "select."