Navigating the New Landscape: Key Compliance Updates under Ontario's Working for Workers Five Act, 2024

Significant legislative updates under Ontario’s Working for Workers Five Act, 2024 (Bill 190) and associated regulations have officially come into force as of January 1, 2026. These changes introduce new obligations for employers regarding recruitment transparency, candidate communication, and workplace hygiene.

This article outlines the specific requirements that businesses must now follow to remain compliant with the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA).

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1. New Standards for Publicly Advertised Job Postings

For employers with 25 or more employees, the rules for external recruitment have changed substantially. These requirements apply to any job posting advertised to the general public.

• Mandatory Pay Transparency: Postings must now include the expected compensation or a range of compensation for the position. If a range is provided, the difference between the minimum and maximum cannot exceed $50,000.
  • Exemption: This does not apply to positions where the annual compensation is expected to be $200,000 or more.
• AI Disclosure: Employers must state in the job posting if Artificial Intelligence (AI) is used to screen, assess, or select applicants. AI is defined broadly as machine-based systems that make inferences to generate outputs like recommendations or decisions.

• Vacancy Status: Every posting must clarify whether it is for an existing vacancy or if the employer is simply collecting applications for future needs.

• Prohibition on "Canadian Experience": Employers are strictly prohibited from requiring "Canadian work experience" in job postings or application forms. While specific knowledge of Canadian laws or standards can be required, a general requirement for local experience is no longer permitted.

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2. Post-Interview Communication Duties

To address the issue of "ghosting" in the professional world, the legislation now mandates a specific follow-up timeline for candidates who reach the interview stage.

• The 45-Day Rule: Employers are required to notify any interviewed applicant whether a hiring decision has been made. This notice must be provided within 45 days of the individual’s last interview.

• Format of Notice: The notification can be delivered in person, in writing, or through electronic means (such as email).

• Definition of "Interview": For the purpose of this law, an interview includes any meeting (in-person or via technology like Zoom) where questions are asked to assess the applicant’s suitability.

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3. Rigorous Record-Keeping Requirements

Compliance now requires a more disciplined approach to HR documentation. Employers must now retain:

• Job Postings & Applications: Copies of every publicly advertised job posting and all associated application forms must be kept for three years after the posting is removed.

• Interview Follow-ups: Records of the hiring decision notifications sent to interviewed candidates must also be retained for three years.

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4. Workplace Hygiene: Washroom Cleaning Logs

Amendments to the Occupational Health and Safety Act (OHSA) regarding washroom facilities are now fully enforceable.

• Mandatory Cleaning Records: Employers and constructors must maintain records of washroom cleaning to ensure facilities are "clean and sanitary."

• Transparency for Workers: These records must be posted in a conspicuous place near the washroom or made available in a "readily accessible electronic format."

• Content Requirements: The log must show the date and time of the two most recent cleanings. This ensures that workers have proof of regular maintenance.

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Key Reminders for 2026 Implementation:

• Threshold: The job posting requirements generally apply to employers with 25 or more employees.
• Exemption: The salary disclosure rule is waived for roles with an expected annual compensation of $200,000 or more.
• OHSA Scope: The cleaning log requirements apply to all employers and constructors governed by the Occupational Health and Safety Act.

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By proactively updating HR templates and maintenance protocols, businesses can ensure they meet these new provincial standards and avoid potential penalties.

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