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The “Canadian experience” ban in Ontario job postings, with before and after examples

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

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Since January 1, 2026, an Ontario employer with 25 or more employees on the posting day cannot put a requirement related to Canadian experience in a publicly advertised job posting or its application form.

The rule

Section 8.3(1) of the Employment Standards Act: “No employer who advertises a publicly advertised job posting shall include in the posting or in any associated application form any requirements related to Canadian experience.” Part III.1, which contains this rule, does not apply to an employer with fewer than 25 employees on the day the posting is posted (O. Reg. 476/24 s. 1).

What it covers

The government’s guide says the ban includes requirements related to Canadian:

  • work experience;
  • education credentials; and
  • an established professional network or client base.

It covers the application form as well as the posting, so check screening questions too.

What it does not cover

The guide says the ban does not apply to professional licensing or registration requirements. If the job legally requires a licence or registration in Ontario, you can still say so. Section 8.3(2) allows the regulation to set other exceptions; O. Reg. 476/24 does not set any.

Separately, the guide notes that Canadian experience requirements may also be subject to other laws, such as the Human Rights Code, and points to the Ontario Human Rights Commission’s policy on removing the “Canadian experience” barrier.

Before and after

The fix is usually to name the actual skill or knowledge the job needs. These rewrites are examples, not wording the law prescribes.

BeforeAfterWhy
“Minimum 3 years of Canadian work experience.”“Minimum 3 years of experience in residential construction site supervision.”Names the experience the job needs, wherever it was gained.
“Canadian degree or diploma in accounting required.”“Degree or diploma in accounting.”Removes the requirement that the credential be Canadian.
“Must bring an established Canadian client base.”“Experience building and keeping a client base in commercial insurance sales.”An established Canadian network or client base is part of the ban, per the government’s guide.
“Knowledge of Canadian payroll.”“Working knowledge of Ontario payroll deductions and remittances.”Names the knowledge itself. Ask whether the job needs it on day one or can learn it.
Application form: “Do you have Canadian work experience? Yes / No”“Describe your experience with forklift operation and warehouse safety.”The ban covers associated application forms, not just the posting.
“Licensed by Professional Engineers Ontario, or eligible for licence.”No change needed.Professional licensing and registration requirements are outside the ban, per the guide.

Keep a copy

Keep a copy of each publicly advertised posting and its application form for three years after it comes down (ESA s. 15(7.1)).

Sources

Common questions

Can an Ontario job posting ask for Canadian experience?

Not if the employer had 25 or more employees on the posting day. The posting and any associated application form cannot include requirements related to Canadian experience (ESA s. 8.3(1); O. Reg. 476/24 s. 1).

Does the ban cover Canadian education?

Yes. The government’s guide lists Canadian work experience, education credentials, and an established professional network or client base.

Can I still require a professional licence?

Yes. The government’s guide says the ban does not apply to professional licensing or registration requirements.