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AODA vs ESA: the two sets of Ontario employer rules, and which apply to you

Updated November 1, 2026. Rules reviewed against the law on October 23, 2026. A plain-language summary, not legal advice.

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Two different laws set most of the 2026 obligations for Ontario employers. The AODA is about accessibility for people with disabilities. The ESA is about employment standards. They count employees differently, switch on at different sizes, and are enforced by different people.

Side by side

AODA (accessibility)ESA (employment standards)
Main textsAccessibility for Ontarians with Disabilities Act, 2005 and O. Reg. 191/11Employment Standards Act, 2000 and O. Reg. 476/24 (job postings)
Who it coversOrganizations that provide goods, services or facilities to the public or other third parties and have at least one employee in Ontario (191/11 s. 1(3))Employers, with the job posting rules and the two workplace policies switching on at 25 employees (O. Reg. 476/24 s. 1; ESA ss. 21.1.2, 41.1.1)
How size is countedEmployees in Ontario: 1–49 is small, 50+ is large (191/11 s. 2)Employees on a given day: the posting day for job postings (476/24 s. 1), January 1 for the two policies (ss. 21.1.2, 41.1.1)
Main datesCompliance report by December 31, 2026 at 20+, then every three years (191/11 s. 86.1)January 1 count; policies before March 1; job posting rules since January 1, 2026 (ESA ss. 21.1.2, 41.1.1; O. Reg. 476/24)
What you producePolicies, training, notices, feedback process; at 50+ written documents, a multi-year plan and training recordsCompliant postings, 45-day interview notices, disconnect and monitoring policies, new hire information, three-year records
Who enforcesDirectors and inspectors under the AODA, with appeals to the Licence Appeal Tribunal (AODA ss. 16–27; 191/11 s. 86)Employment standards officers (for example, records must be available to them under ESA s. 16)

What switches on at each size

Read the chart from top to bottom: each step keeps everything above it. To get your number right, see how to count employees.

What applies at 1, 20, 25 and 50 employeesA stepped bar chart. With 1 or more employees in Ontario, the accessibility standards apply to organizations that provide goods, services or facilities to the public or other businesses. At 20 or more, you also file the accessibility compliance report. At 25 or more, the ESA job posting rules and the disconnecting from work and electronic monitoring policies apply. At 50 or more, you also need written accessibility policies, a multi-year accessibility plan, training records and a website that meets WCAG 2.0 Level AA. Each step keeps everything from the steps before it.1+Accessibility standards apply (if you serve the public or other businesses)20+File the accessibility compliance report25+ESA job posting rules; disconnect and monitoring policies50+Written policies, multi-year plan, training records, WCAG website
Each step keeps everything above it. Employees in Ontario, counted as the guide explains. Sources: O. Reg. 191/11 ss. 1(3), 3, 4, 7(5), 14 and 86.1; O. Reg. 476/24 s. 1; ESA ss. 21.1.2 and 41.1.1.

Where they overlap: hiring

A job posting can be subject to both laws and a third:

  • ESA (25+ on the posting day): pay or a pay range, AI disclosure, the vacancy statement, no Canadian experience requirement, and the 45-day interview notice (ss. 8.2–8.6).
  • AODA (any size): notify employees and the public that accommodation is available for applicants with disabilities (191/11 s. 22), and tell applicants selected for assessment that accommodations are available on request (s. 23).
  • Human Rights Code (any size): no stated or implied age preference (ss. 23(1), 24(1)(b)).

The accessibility guides

The employment standards guides

Both, by date: the compliance calendar.

Sources

Common questions

What is the difference between the AODA and the ESA?

The AODA sets accessibility standards for people with disabilities; the ESA sets employment standards such as the job posting rules and the disconnecting from work and electronic monitoring policies. They use different employee thresholds and are enforced separately.

Do both apply to a small employer?

Often, yes. The accessibility standards apply from one employee in Ontario if you serve the public or other businesses (O. Reg. 191/11 s. 1(3)). The ESA job posting rules (since January 1, 2026) and the two workplace policies start at 25 employees (O. Reg. 476/24 s. 1; ESA ss. 21.1.2, 41.1.1).

Which law covers job postings?

Mainly the ESA (25+ employees on the posting day). The AODA adds an accommodation notice at any size (O. Reg. 191/11 s. 22), and the Human Rights Code bars age preferences at any size.