Ontario’s AI Disclosure Rule for Job Postings

Section 8.4 of Ontario’s Employment Standards Act requires an employer advertising a publicly advertised job posting to include a statement disclosing AI use if AI is used to screen, assess, or select applicants for that position. It took effect on 1 January 2026 through the Working for Workers Four Act, 2024. The statute’s AI definition in O. Reg. 476/24 covers a machine-based system that infers from inputs to generate predictions, content, recommendations, or decisions that can influence physical or virtual environments. The requirements do not apply to employers with fewer than 25 employees on the day the posting is posted. A publicly advertised job posting is generally an external posting directed to the public, but the regulation excludes general campaigns that do not advertise a specific position, internal-only postings, and certain jobs performed outside Ontario. The employer must count employees across its Ontario locations on the day the posting is posted. The disclosure is required when AI supports screening, assessment, or selection; a tool used only after hiring for unrelated tasks may not trigger this specific posting rule. Check the actual function rather than a vendor’s label. The rule requires disclosure that AI is used; it does not require naming the product, describing the algorithm, publishing training data, or proving that a human will make the final decision. The regulation also sets other posting rules, including compensation-range and Canadian-experience provisions, but these are separate obligations. Employers should not imply that an AI-use statement satisfies human-rights, accessibility, privacy, or employment-law duties. A compliant process counts employees on the posting date, classifies the posting, identifies each AI tool’s role in candidate screening or selection, and ensures the statement appears in the public posting itself. Keep the job ad, vendor workflow, and decision record so the organization can show what the tool actually did. Reassess when the tool or hiring process changes.