On March 21, 2024, the Working for Workers Four Act, 2024 (Bill 149) was granted Royal Assent. Bill 149 introduces amendments to the Ontario Employment Standards Act, 2000 (ESA), including a new section concerning job postings. This addition to the ESA will require job postings to: (a) include provisions for pay transparency; (b) prohibit requirements for Canadian experience in job postings; (c) mandate disclosure of the use of artificial intelligence (AI); and (d) require the retention of job postings in the recruitment process.
New Obligations
Although the date that these changes will become effective is yet to be determined by the Lieutenant Governor, every employer and prospective employer in Ontario who posts a job opening for the public must include the following:
a) Pay Transparency Obligations
Employers and prospective employers must include in their job posting the expected pay or range of pay for a job position. These new provisions would be added into the ESA.
b) Prohibition Against Canadian Experience
Employers and prospective employers are prohibited from including in a job posting – or in any associated application form – any requirements related to “Canadian experience.” The purpose of these legislative changes is to provide additional transparency to job seekers and to assist internationally trained workers to secure positions in their respective fields of study.
(c) Artificial Intelligence Disclosure
Employers and prospective employers who use artificial intelligence to screen, assess or select applicants for a job posting that is publicly advertised must include a statement in the job posting disclosing the use of artificial intelligence. “Artificial Intelligence” will be defined in the ESA regulations.
(d) Retention Requirements
Employers and prospective employers must retain copies of every publicly advertised job position and any associated application form for three years after access to the posting by the general public has been removed. Employers will therefore want to take care to remove job postings once they are filled.
Takeaway
Bill 149 further expands protections offered to employees and prospective employees while imposing additional obligations on employers and prospective employers.
If you require assistance with employment obligations, contact our Business Law Group and we would be happy to help.
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