Guides

Ontario’s 45-day interview notice rule: what to tell applicants, when, and a template

Updated 2026-10-30. Rules current to October 23, 2026. A plain-language summary, not legal advice. EmployerReady is not affiliated with the Government of Ontario.

If you interview someone for a publicly advertised job in Ontario and you had 25 or more employees on the day the job was posted, you must tell them within 45 days of the interview whether a hiring decision has been made for that posting (ESA s. 8.6; O. Reg. 476/24 s. 5). The rule has applied to interviews held on or after January 1, 2026, including interviews for jobs posted before that date.

What you have to tell them

One fact: whether a hiring decision has been made in respect of the posting. You do not have to say who was hired, why the applicant was not chosen, or give feedback. “A hiring decision has been made” or “a hiring decision has not yet been made” both satisfy the regulation.

What counts as an interview

O. Reg. 476/24 s. 2(2) defines an interview as a meeting in person or by technology (teleconference, videoconference) between an applicant to a publicly advertised posting and the employer or someone acting for the employer, where questions are asked and answers given to assess the applicant’s suitability for the position. It does not include preliminary screening before applicants are selected for such a meeting. The government’s guide gives the example of a short call to confirm minimum qualifications: that is screening, not an interview.

Interviews conducted by a third-party recruiter on your behalf count. You may ask the recruiter to send the notice for you, but you are responsible for making sure it is done.

When the 45 days run

• Within 45 days after the interview.
• If the applicant is interviewed more than once for the same posting, within 45 days after the last interview.
• The guide adds that if a second interview happens more than 45 days after the first, the notice is due after each interview, because the first deadline passes before the second interview takes place.

Sending the notice as soon as the decision is made is simpler than tracking deadlines. If no decision has been made by day 45, send a “not yet decided” notice; the regulation asks whether a decision has been made, not that you have one.

How to send it

In person, in writing or using technology (O. Reg. 476/24 s. 5(3)). The guide lists phone, video call, email and text as acceptable, and a status update on a careers website or applicant portal also works if the applicant was given a link to check it. Written forms are easier to retain.

Template

The wording below is the notice EmployerReady generates; it is short because the regulation asks for one fact.

If you prefer, add a line thanking the person or inviting them to apply for future roles. Nothing in the ESA requires or prohibits that; the required content is the sentence about the decision.

Records

Keep a copy of the information you provided for three years after the day it was given to the applicant (ESA s. 15(7.1.1)). Written notices are easiest to keep: retain the sent email or the portal record. If you tell the applicant by phone, make a dated note of what you said; the government’s guide says the retention duty applies whatever method you use. This is separate from the three-year retention of the posting itself under s. 15(7.1).

Sources

• Employment Standards Act, 2000 (s. 8.6 duty to inform; s. 15(7.1.1) retention)
• O. Reg. 476/24 (s. 2(2) “interview”; s. 5 time, information and method)
• Your guide to the ESA: publicly advertised job postings (ontario.ca: screening, multiple interviews, methods)