New Ontario laws give job seekers more information

New Ontario law requires public job postings to include salary ranges, bans 'Canadian experience' requirements and mandates disclosure of AI use in screening.

Job seekers in Ontario are entitled to more information about the position they are applying for, thanks to laws that came into effect Jan. 1.

LeeAnne Maille, CEO of Yes Employment Services in North Bay, said the new laws increase transparency.

“It’s a goodwill thing and it’s good relationship building with your future employee,” Maille said.

It’s now mandatory for posted jobs to include a pay range that doesn’t exceed $50,000.

Maille said pay transparency will increase competition in the marketplace, as job seekers can compare which company pays more for a similar position.

“It’s only fair -- people need to know whether this is a wage they could live off of,” she said.

Employers are exempt from disclosing the amount if the expected salary is $200,000 a year or higher.

Employers are also prohibited from requiring what’s called ‘Canadian experience’ in the job posting, meant to create objectivity around what the job actually requires.

Rules are clear

Jacqueline King, a labour lawyer and partner with Levitt LLP, told CTV Your Morning that the way the Employment Standards Act will be enforced is “very clear.”

“There are officers that either can do spot checks or there can be complaints,” King said.

“There are no fines set yet for this. But the fines can be very high.”

A company must now also disclose whether artificial intelligence is being used during the job application vetting process.

“As in any automated system, bias can be embedded in those systems,” she said.

“Employers need to think about, as much as AI can make your life easier, are you making sure that it doesn’t screen out great candidates? A job posting could be in present tense, but your resume is in the past tense, and in some cases, AI can screen out those resumes.”

Also under the new rules, job postings should say whether they’re for a current vacancy, and if a candidate is interviewed, employers are required to inform them within 45 days after the interview.

Companies must also keep a copy of a job posting and the associated application form for three years, as well as follow-up communication with candidates.

“This is a brand-new ground and I think we’re all learning a lot,” Maille said.

Only companies that employ more than 25 people are required to follow the new rules.