Ontario’s New Pay Transparency Laws: What’s Changing, What Isn’t, and What You Can Do
- Rika Sawatsky
- May 2
- 3 min read
Ontario’s new pay transparency laws are coming into effect in January 2026. These reforms are a step forward—but they also leave a lot on the table. Over the past two weeks, I’ve shared a series of YouTube Shorts breaking down the incoming changes, how they compare across provinces, and what job seekers and employees should actually expect.
This post summarizes the key updates, identifies gaps, and highlights ways workers can protect themselves in the meantime.
🧠 AI in Hiring: Disclosure Is Coming, But Discrimination Remains
Starting in 2026, Ontario employers will need to disclose in job postings if they’re using AI in recruitment. While this rule is meant to improve transparency, it doesn’t address the deeper issue: AI can—and does—discriminate, especially when trained on biased data sets.
Take the iTutorGroup case as a warning sign: this was the first litigation over discriminatory AI use in hiring, and it involved screening out older applicants automatically based on age.
➡️ How to protect yourself:
Use keyword-optimized resumes to get through AI filters
Be aware that some advice out there suggests hiding parts of your identity (e.g. name, pronouns, graduation date)
That’s not a solution—and it underscores why AI regulation matters
📌 No More Ghost Jobs
Ontario employers will soon be required to state whether a job posting reflects a real, current vacancy. This should help job seekers avoid wasting time on “evergreen” job ads where no one is actually hiring.
👔 The Canadian Experience Requirement
A new rule will prohibit Ontario employers from requiring Canadian experience in job ads—but they can still screen for it during interviews or selection processes.
Meanwhile, licensing bodies for regulated professions are prohibited from requiring Canadian experience from internationally trained professionals (see the Fair Access to Regulated Professions and Compulsory Trades Act, 2006) . The result?A frustrating disconnect: workers can meet the licensing standard, but still be filtered out by employers who value Canadian credentials over global ones.
➡️ Tip: In your application, consider:
Abbreviating or shortening past employer names to avoid over-emphasizing geographic origin (to get past any AI screening)
Focusing on how your experience aligns with or exceeds Canadian standards
📅 Post-Interview Follow-Ups: 45-Day Rule
Employers will also be required to inform candidates whether a hiring decision has been made within 45 days of an interview. This doesn’t stop you from following up earlier—but it introduces a modest obligation for employers to close the loop.
🚫 What’s NOT Happening Elsewhere in Canada
Several provinces have seen pay transparency bills proposed—but progress has stalled:
Manitoba and Nova Scotia introduced private members’ bills, which almost never become law. These bills haven’t moved beyond First Reading.
Newfoundland and Labrador passed a pay transparency law in 2022, but it hasn’t come into force. The province hasn’t issued regulations—so the law remains inactive.
Ontario had a more ambitious law in 2018, but after a change in government, it was shelved.
🔑 5 Key Takeaways from the Series
1️⃣ The posted pay range is not a ceiling. Don’t hesitate to ask for more based on your skills and market value.
2️⃣ Deflect pay history questions with data: explain why you deserve $X based on what you bring to the role.
3️⃣ AI isn’t neutral. Learn how to spot it in hiring—and how to protect yourself.
4️⃣ You may still be protected if you talk about pay at work, even if your province doesn’t have a transparency law—thanks to employment standards, pay equity, or human rights legislation.
5️⃣ Pay transparency helps close the gendered/racialized pay gap!
🎥 Watch the Full Series
You can catch all the Shorts in this series here:👉 youtube.com/@clausework/shorts
If you have questions about how these changes apply to your work, or how to protect yourself in hiring and negotiation, I’d love to hear from you.
