Getting Compliant with Ontario's Pay Transparency Laws
Ontario's Working for Workers Four and Five Acts (Bills 149 and 190) introduce new requirements for pay transparency and other disclosures in publicly advertised job postings under the Employment Standards Act (ESA). This bill has been passed and will be effective January 1, 2026.
| Requirement | How to Comply |
| Pay transparency | Include expected pay or a pay range in all publicly advertised job postings. Pay ranges cannot exceed $50k between the minimum and maximum. |
| AI disclosure | Include a short statement in job postings if AI tools are used to screen, assess, or select applicants. |
| Existing vacancy disclosure | Indicate whether the posting is for an existing role (backfill) or a newly created position. |
| Interview follow-up | Notify interviewed applicants of hiring decisions within 45 days of their interview (or final interview). |
| Record retention | Retain copies of all publicly advertised job postings and applicant notifications for three years after removal or delivery. |
Pay Transparency
Employers must include the expected pay range in all publicly advertised job postings. Importantly, the range must not exceed $50k (e.g., $60k - $100k is acceptable; $60k - $120k is not). There is an exemption for jobs paying more than $200k annually.
💡 Tip: Standardize pay ranges by job level to simplify compliance across teams.
Datapeople Guidance
Datapeople's Smart Editor automatically flags missing pay ranges in real-time, prompting users to disclose salary. The Compliance Report then provides organization-wide visibility into postings that are missing pay information. Together, these tools ensure that pay transparency is applied consistently across all postings - without relying on manual review.
Disclosure of Artificial Intelligence in Hiring
If your organization uses AI tools to screen, assess, or select applicants, Ontario requires a clear statement in the job posting. The regulation defines AI broadly as any machine-based system that uses input data to generate outputs - such as predictions or recommendations - that can influence candidate selection decisions.
Example Language: AI Disclosure
- We use artificial-intelligence (AI) tools to assist in reviewing applications and identifying qualified candidates.
- As part of our hiring process, we use AI-assisted tools to help screen and assess applicants. Final hiring decisions are always made by people.
- AI-assisted tools may be used during parts of our selection process.
- We use [vendor / tool] as part of our hiring and/or promotional processes. As part of the evaluation process, we provide [vendor / tool] with job requirements and candidate-submitted applications. Certain features of the platform may qualify it as an Automated Employment Decision Tool (AEDT) under applicable regulations. For positions in New York City, our use of [vendor / tool] complies with NYC Local Law 144.
- We use an automated employment decision tool (AEDT) to assess or evaluate your candidacy for employment or promotion. AEDTs are used to assist in assessing a candidate's application relative to the required job qualifications and responsibilities listed in the job posting.
Placement recommendation: Add this statement near the end of your post, alongside your other compliance boilerplate including Equal Opportunity, Accommodation statements.
💡 Tip: Add these statements to your Datapeople templates.
Datapeople Guidance
Datapeople supports compliance with Ontario's AI disclosure requirement through both proactive and reactive controls.
- Real-time guidance in the Smart Editor: When users create or edit a posting, Datapeople automatically detects whether an AI disclosure is missing and prompts them to add compliant language before publishing.
- Pre-approved templates: For additional control, locked job templates can include standardized, pre-approved AI disclosure statements - ensuring the phrasing is accurate, consistent, and visible in every posting.
Statement on Existing Vacancies
Each publicly advertised posting must clearly state whether it's for an existing vacancy or a new role. This requirement helps candidates understand why the position is open and how it fits into the organization.
Example Language: Existing Vacancy Disclosure
- This role is a backfill for a [title] and will be an individual contributor reporting to [manager's title].
- This posting is for an existing position we're looking to backfill.
- This is a mission-critical backfill: the previous [title] was a key contributor across [functional areas].
- This posting is for a newly created role as our team grows, that will be a key addition to our [team] team.
- In this newly created position, you will report into the [manager's title] and...
- We're adding a new position to support our expanding work in [function / mission].
- This is a new role designed to help us grow and improve how we do [function / mission].
Placement recommendation: Include this statement in the about the role section near the top of the job posting.
💡 Tip: Add a reminder to your Datapeople templates: This posting is for a {{backfill / new role}}.
Recordkeeping and Retention Obligations
Employers must retain:
- Copies of every publicly advertised job posting (and associated application forms) for three years after public access is removed, and
- Copies of notifications to interviewed applicants (confirming whether a hiring decision was made) for three years after they're sent.
Audit trail & change history
Most ATSs weren't designed to preserve the full text of job postings. They track transactions like requisitions and candidate movement, not the specific content of what was published. When requisitions are reused (especially for high-volume or evergreen roles) the original posting content is often overwritten or lost.
Datapeople provides a repository for job content, maintaining a versioned, searchable record of every posting and template.
This allows teams to:
- Retain a timestamped history of edits and publications for audit purposes
- Confirm exactly what was posted, when, and by whom
Because Datapeople keeps a structured record of job content, employers can more easily meet Ontario’s three-year recordkeeping requirement and demonstrate compliance when needed.
💡 Tip: Work with your ATS administrator to ensure any posting exports or candidate communications are archived for a complete compliance trail.
What Employers Should Do Now
- Audit job postings for pay transparency and vacancy statements.
- Add AI disclosure language where relevant.
- Set up retention and archiving processes in your ATS or content system., particularly if you are changing ATSs.
- Ensure candidate communications meet the 45-day follow-up rule.
- Train recruiters and hiring managers on new posting requirements.
How Datapeople Helps
Datapeople connects compliance, insight, and recordkeeping in one platform, so teams don’t have to rely on disconnected ATS exports or manual review processes.
- Flags missing or non-compliant pay ranges automatically
- Recommends and standardizes AI and vacancy disclosure language
- Maintains consistent, reusable templates across teams and regions
- Retains a complete, exportable record of postings for audit purposes
- Reduces manual review time and coordination effort through automation in the Compliance Report
Together, these capabilities create an integrated compliance framework:
- System of Action: The Smart Editor shows real-time guidance and flagging ensure that postings include compliant pay ranges and disclosures before publication.
- System of Insight: The Compliance Report centralizes visibility into organization-wide posting activity, highlighting where updates or corrections are needed.
- System of Record: The Job Post Repository: A versioned archive of postings, and metadata that satisfies Ontario's three-year recordkeeping requirement and provides a complete audit trail.
By unifying these three systems, Datapeople makes it easier for employers to maintain compliance with evolving compliance requirements while keeping hiring workflows efficient and auditable.