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The existing vacancy statement: what Ontario job postings must say

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, a publicly advertised job posting from an Ontario employer with 25 or more employees on the posting day must say whether it is for an existing vacancy (ESA s. 8.5(1)(a); O. Reg. 476/24 s. 1).

Yes or no, you still say it

The government’s guide reads the rule both ways: if the posting is for an existing vacancy, say so; if it is not, say that there is no existing vacancy. Leaving it out is not an option.

The guide defines an existing vacancy as “a position that is imminently available for a qualified candidate to fill.” It adds that the requirement “does not create an obligation for an employer to fill the vacancy.”

Examples

  • For a job open now: “This posting is for an existing vacancy.”
  • For a talent pool or future openings: “This posting is not for an existing vacancy. We are accepting applications for future openings.”

The law prescribes no wording; these are examples. Keep the second sentence only if it is true.

Anything else under section 8.5?

Section 8.5(1)(b) allows the regulation to require other information, and s. 8.5(2) allows exceptions. O. Reg. 476/24 sets neither, so today the only section 8.5 requirement is the vacancy statement.

Sources

Common questions

What is an existing vacancy?

The government’s guide defines it as a position that is imminently available for a qualified candidate to fill.

Do I have to hire someone if I say there is an existing vacancy?

No. The government’s guide says the requirement does not create an obligation for an employer to fill the vacancy.

What if the posting is for future openings?

Say so. The guide says that if the posting is not for an existing vacancy, the employer must state that there is no existing vacancy.