AI in Ontario job postings: when you must disclose it, with sample wording

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Since January 1, 2026, an Ontario employer with 25 or more employees on the day a job is posted, who uses artificial intelligence to screen, assess or select applicants, must say so in the posting.

The rule

Section 8.4(1) of the Employment Standards Act says every employer who advertises a publicly advertised job posting “and who uses artificial intelligence to screen, assess or select applicants for the position shall include in the posting a statement disclosing the use of the artificial intelligence.” It is part of Part III.1 of the Act, which does not apply to an employer with fewer than 25 employees on the day the posting is posted (O. Reg. 476/24 s. 1).

The rule covers external postings advertised to the general public. General recruitment campaigns and “help wanted” signs that do not advertise a specific position, postings restricted to existing employees, and work performed outside Ontario are not covered (O. Reg. 476/24 s. 2(1)). The government’s guide says the rules apply to postings posted on or after January 1, 2026.

What counts as artificial intelligence

The regulation defines it as “a machine-based system that, for explicit or implicit objectives, infers from the input it receives in order to generate outputs such as predictions, content, recommendations or decisions that can influence physical or virtual environments” (O. Reg. 476/24 s. 2(1)). The government’s guide adds that whether a particular system falls within that definition depends on the facts of each case. Neither the Act nor the regulation lists products, so there is no official list of tools that do or do not count.

In practice, ask what each tool in your hiring process does. If a feature in your applicant tracking system, a job board or an assessment platform ranks, scores, filters or recommends applicants, ask the vendor whether it uses AI to do so.

When a recruiter or platform does the screening

The government’s guide says the requirement applies equally when you engage a third party, such as a recruiting firm, to screen, assess or select applicants for you, and that you are responsible for making sure the posting contains the statement.

Sample wording

The law does not prescribe any wording. The guide says a detailed description of the system is not necessary: “It is enough for the employer to state that artificial intelligence is used to screen, assess or select applicants.” Examples you can adapt, keeping only what is true for your process:

• “We use artificial intelligence to screen, assess or select applicants for this position.”
• “Applications for this position are screened using a tool that uses artificial intelligence.”
• “We use an artificial intelligence tool to rank applications. A member of our team reviews the ranked applications before anyone is invited to an interview.”

Put the statement in the posting itself. Anything you add beyond the required statement must be accurate, because the posting is a record you keep for three years.

If you do not use AI

Then section 8.4 asks nothing of you. The Act does not require a statement that AI is not used.

Exceptions

Section 8.4(2) allows the regulation to set exceptions. O. Reg. 476/24, the regulation for the job posting rules, does not set any for AI disclosure.

Keep a copy

Keep a copy of each publicly advertised posting and any associated application form for three years after the posting comes down (ESA s. 15(7.1)). See keeping job postings for three years.

Sources

• Employment Standards Act, 2000 (s. 8.4; s. 15(7.1))
• O. Reg. 476/24, Job Posting Requirements (s. 1; s. 2(1) definitions)
• Your guide to the ESA: publicly advertised job postings (ontario.ca)