AI sector rules
Employment Standards Act, 2000, use of artificial intelligence in job postings
Employment Standards Act 2000, S.O. 2000, c. 41, ss. 8.1, 8.4, as enacted by the Working for Workers Four Act, 2024, S.O. 2024, c. 3, Sched. 2, s. 2(1), and Ontario Regulation 476/24 (Rules and Exemptions re Job Postings), ss. 1, 2(1)official consolidated statute text, e-Laws (King's Printer for Ontario)
In force 9 months, effective 1 January 2026. Binds public and private bodies.
What this law does
Section 8.4(1) requires an employer that advertises a publicly advertised job posting and uses artificial intelligence to screen, assess or select applicants for the position to include in the posting a statement disclosing that use. The duty binds an employer with 25 or more employees on the day the posting is posted, and a smaller employer is exempt from the whole of Part III.1 under Ontario Regulation 476/24.
That Regulation also supplies the regulation-defined terms artificial intelligence and publicly advertised job posting, the second excluding a general recruitment campaign or help wanted sign not for a specific position, a posting restricted to existing employees, and a posting for work to be performed outside Ontario, or partly outside Ontario where the work outside Ontario is not a continuation of work performed in Ontario.
Section 8.4(2) exempts a posting that meets criteria prescribed by regulation. Every publicly advertised job posting under this Part, including one carrying this disclosure statement, must be retained by the employer for three years after it is removed from public access, under section 15(7.1) of the Act, a duty that reaches every such posting whether or not it discloses artificial intelligence use.
What it requires