What Job Postings Require Pay Transparency in Ontario? A Thorough Compliance Breakdown
Written by: The H2R Team
As of January 1, 2026, Ontario’s amendments to the Employment Standards Act (ESA) introduced new pay transparency requirements for publicly advertised job postings.
Failing to follow these rules introduces real compliance risks, but many employers still aren’t entirely sure where they apply. Which job postings actually require pay transparency, and which ones don’t?
This article covers:
- What counts as a publicly advertised job posting under Ontario law.
- Which postings are exempt from the requirements.
- What salary information must be disclosed and how it must be structured.
- Additional compliance rules many employers overlook.
Table of Contents
Need Help Reviewing Your Job Posting Compliance?
Ontario’s new pay transparency requirements are creating uncertainty for many employers. If you’re concerned about compliance and not sure you even know where to start, you’ve come to the right place.
At H2R Business Solutions, we help Ontario employers review hiring processes, job posting practices, and recruitment workflows to identify potential compliance risks before they become larger HR problems. From compensation disclosure guidance to recruitment policy reviews and hiring process consulting, our team helps employers adapt to changing workplace regulations with practical, fractional HR support.
What Is Ontario’s New Pay Transparency Requirement?
Under Ontario’s amended ESA, introduced through the Working for Workers Four Act, 2024 (Bill 149), employers meeting the threshold must include specific information in publicly advertised job postings.
- Expected compensation or a compensation range for the role.
- A disclosure if artificial intelligence is used to screen or assess candidates.
- A statement confirming whether the posting reflects a real, existing vacancy.
Which Job Postings Require Pay Transparency in Ontario?
Publicly Advertised External Job Postings
The law applies whenever a job opening is promoted to the general public. That includes postings on:
- Job boards such as Indeed, Workopolis, or Glassdoor.
- LinkedIn job listings.
- The company’s own careers page.
- Recruitment agency postings on behalf of a client.
- Online community job boards or industry association websites.
- Social media recruitment ads on Facebook, Instagram, X/Twitter.etc
- Any other channel where the public can view and apply.
The phrase “publicly advertised” is intentionally broad. If someone without any connection to your company can read the posting and submit an application, it almost certainly qualifies.
Examples of a publicly-advertised job posting that requires pay transparency:
- A retail chain posts a shift supervisor role on Instagram as a sponsored ad.
- A manufacturing company lists a millwright position on its public careers page. Anyone visiting the website can apply, so the posting falls under the rules.
- A recruiter shares a public LinkedIn post advertising a client’s accounting opening and directs candidates to apply through an online form.
- A healthcare employer advertises a publicly accessible nursing role through an industry association job board. That also counts as publicly advertised.
Which Job Postings Do NOT Require Pay Transparency?
Internal Job Postings
Postings shared exclusively with existing employees are generally exempt from Ontario’s pay transparency rules. This covers:
- Internal promotions posted only on an internal intranet or HR system.
- Internal transfers communicated via internal email or notice boards.
- Job openings on password-protected employee-only portals.
The key caveat here is that the job must only be available internally. There can’t be any public avenue to access the job application.
If you’re wondering: “How do I know whether job posting is internal only?”, just ask yourself, can someone outside your organization find and apply for the role? If not, it’s internal.
General Recruitment Campaigns
Vague, non-role-specific campaigns typically don’t qualify as job postings under Ontario’s rules. Examples include general phrasing like:
- “We’re always hiring, send us your resume!”
- “Join our growing team”
- “Always accepting applications”
These don’t advertise a specific position with specific compensation expectations, so the salary disclosure rules don’t apply.
Help Wanted Signs Without Specific Roles
A storefront sign that says “Hiring Now” or a generic banner on a business window aren’t obligated to follow Ontario’s pay transparency rules.
Since there’s no specific role, no defined compensation structure, and often no formal application process, it doesn’t fall under the criteria of a publicly-available job posting.
Jobs Primarily Outside Ontario
If a role is fully based outside Ontario, it may be exempt from pay transparency rules, as long as the work is primarily performed outside Ontario.
This is more complicated for roles that are hybrid or remote. A role with a Toronto-based employer that’s truly remote from another province is an area where employers should get specific guidance
Our fractional HR team is happy to help clarify any grey areas with a free consultation.
Which Employers Must Comply with Ontario’s Pay Transparency Rules?
Employers With 25 or More Employees
The pay transparency rules apply to Ontario employers with 25 or more employees. This count specifically applies to the day the posting goes live.
A few things to keep in mind:
- Part-time employees count toward the threshold.
- Casual employees count.
- Employees across multiple Ontario locations are counted together.
If you have 24 employees when you post and hire a 25th before posting a new role, that subsequent posting triggers the requirements. We recommend tracking headcount carefully when near the threshold to avoid accidental compliance issues.
Employers with fewer than 25 employees are generally exempt from Ontario’s pay transparency rules.
What Compensation Information Must Be Included?
Salary or Hourly Pay Must Be Disclosed
Simply saying that the role involves a “competitive salary” isn’t enough. Ontario requires employers to be specific about pay. Employers must disclose either:
- A specific, fixed compensation amount (e.g., $72,000/year), or
- A compensation range with a defined minimum and maximum.
Compensation may include salary, hourly wages, commissions, or defined bonus structures, but the figure or range must be accurate and tied to what you’re actually willing to pay.
The $50,000 Salary Range Rule Explained
Compensation Ranges Cannot Be Too Broad
Not many people know that Ontario’s pay transparency rules include guidelines on salary ranges. Compensation ranges generally cannot span more than $50,000. This prevents employers from posting meaninglessly wide ranges that give applicants no real idea of how they’d be paid.
| Example | Spread | Compliant? |
|---|---|---|
| $60,000 – $90,000 | $30,000 | Yes |
| $55,000 – $105,000 | $50,000 | Yes |
| $60,000 – $130,000 | $70,000 | No, too broad |
| $80,000 – $160,000 | $80,000 | No, too broad |
The $200,000 Exception
High-Paying Roles May Be Exempt
Roles with expected compensation exceeding $200,000 annually are generally exempt from the salary disclosure requirement. This applies when:
- The fixed salary exceeds $200,000, or
- The top end of the salary range exceeds $200,000
| Compensation Example | Exempt From Disclosure? | Why |
|---|---|---|
| $210,000 fixed salary | Yes | Compensation exceeds $200,000 |
| $170,000–$220,000 salary range | Yes | Top end of the range exceeds $200,000 |
| $160,000–$195,000 salary range | No | Maximum compensation remains below $200,000 |
Common Employer Mistakes Under Ontario’s Pay Transparency Rules
| Mistake | Why It’s a Problem |
|---|---|
| Posting “competitive salary” without a number | Doesn’t meet disclosure requirements |
| Using a salary range wider than $50,000 | Violates the range cap rules |
| Forgetting AI disclosure when using ATS tools | AI usage must be disclosed explicitly |
| Assuming LinkedIn posts are exempt | Public social posts typically qualify |
| Confusing internal vs. public postings | Internal-only postings are exempt; public ones aren’t |
| Using old hiring templates from before 2026 | Non-compliant language may still appear |
| Not keeping copies of revised postings | 3-year record retention is mandatory |
| Posting ghost jobs without vacancy disclosure | Must confirm a real vacancy exists |
Compliance FAQ
Does the Ontario pay transparency law apply to small businesses?
It depends on just how small your business is. Employers with fewer than 25 employees are generally exempt from the job posting pay transparency requirements. The 25-employee threshold is measured on the day the posting goes live and includes part-time and casual workers.
Do confidential executive searches still require disclosure?
If the search is fully confidential and not publicly advertised, it may be exempt. But if a recruiter posts anything publicly on behalf of an undisclosed employer, the posting rules still apply.
Do contract or seasonal jobs require salary disclosure?
Yes. Temporary, seasonal, and fixed-term contract roles are not exempt from Ontario’s pay transparency rules if they’re publicly advertised.
Are franchise locations counted separately?
It depends on how the franchise is structured. If each franchise is a separate legal employer, the 25-employee threshold applies per employer. If they share employment relationships, the count may be combined. Franchise operators should seek specific legal advice.
If salary depends on experience, is a range still required?
Yes. Post the realistic range you’re willing to pay. Simply saying it “depends on experience” is not compliant with pay transparency rules.
Can employers change the salary range after posting?
Yes, but if you update the posting, the updated version must also comply. Additionally, you’re required to keep a copy of both the original and revised versions.
How long must Ontario employers keep copies of job postings?
Employers must retain job postings, any revised versions of those postings, and related application forms for at least three years. You are required to keep record of them regardless of whether the position was ultimately filled.
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