Writing a job ad in Ontario in 2026: pay range, AI, vacancy and Canadian experience rules

Hiring is a constant for a restaurant, and every ad you post now sits under a set of rules that did not exist a year ago. The rules apply to postings made on or after 1 January 2026, under the Employment Standards Act. Whether they bind you depends first on how many people work for you.

Who must follow the job posting rules?

Employers with 25 or more employees on the day the posting goes up. Employees are counted individually, not as full-time equivalents, so a part-time server counts as one. All your Ontario locations are included, and related employers may be added together. A one-site café with 12 staff is outside the rules, but a group with three restaurants and 40 staff is inside them.

What must the ad say about pay?

The expected pay or a pay range. A range can span no more than 50,000 dollars a year. The pay requirement does not apply if the pay is above 200,000 dollars a year. For an hourly role, convert to a yearly figure to be sure your range is inside the limit. A kitchen job at 19 to 24 dollars an hour is well within it.

What about artificial intelligence?

If you use AI to screen, assess or select applicants, the ad must disclose that. If your online recruitment tool sorts CVs with AI, the answer is yes. The Ministry's page says the ad must include a statement disclosing whether AI is used.

Does the ad say if the job is vacant?

Yes. The ad must state whether there is an existing vacancy, which the Ministry defines as a position imminently available for a qualified candidate to fill. A talent-pool ad where you are not hiring today needs to say so.

Can you ask for Canadian experience?

No. An ad, or an application form associated with it, cannot include Canadian experience requirements. That covers work experience, education credentials and an established professional network. Requirements for a professional licence or registration are exempt. "Experience in a busy kitchen" is fine; "Canadian restaurant experience" is not.

What do you owe applicants you interviewed?

You must tell each interviewed applicant whether a hiring decision was made within 45 days after the interview, or after the last interview if there were several. You are still responsible if a third party runs the interviews for you.

What do you keep?

Postings, application forms and interview-notice records for three years.

What does not count?

The rules do not apply to employers with fewer than 25 employees, to general recruitment ads that do not name a specific position, to postings limited to existing employees or to work performed outside Ontario.

What counts as a public job posting?

Any advertisement for a specific position, on your own website, a job board, social media or a sign in the window with the job named. A general recruitment ad that does not name a position is outside the rules, and so is a posting limited to your existing employees. A "servers wanted" card in the window names a position, so treat it as covered if you have 25 or more staff. Online platforms have their own duties: those that run postings for others must give a visible way to report fraudulent postings and publish a written fraud policy.

What are the penalties?

The Ministry lists compliance orders, monetary penalties and prosecution. An individual faces fines of up to 100,000 dollars or up to 12 months in jail, or both. A corporation faces fines up to 100,000 dollars for a first conviction, rising to 500,000 dollars for a third or later one.

How can you build a standard ad?

Use a standing block at the foot of every ad: pay range, a sentence on AI use, a sentence on whether the job is vacant now, and the date of your hiring decision policy. Pair it with your pay structure from Ontario minimum wage for restaurants and the tip rules in Ontario's tip law.

If you hire teenagers, read the minimum ages in Ontario restaurants. For temporary foreign workers, see hiring temporary foreign workers in BC and Ontario.

More in the Canadian guides for food businesses.