As of February 2025, Ontario has implemented new record-keeping requirements for employers regarding job postings and applicant records. These changes, introduced under amendments to the Employment Standards Act, 2000 (ESA), aim to increase transparency in hiring practices and ensure businesses maintain proper documentation. These new regulations align with Ontario’s efforts to ensure fair hiring processes and improve accountability in recruitment.
For small businesses, understanding and complying with these new regulations is crucial to avoid penalties and remain in good standing with employment laws. Here’s what you need to know:
Key Requirements
- Retention of Job Postings
Employers must keep copies of every publicly advertised job posting for three years after the posting is no longer publicly accessible. - Retention of Application Forms and Interview Information
Employers are also required to retain any application forms and prescribed information provided during interviews for three years from the date they were received or provided.
Why This Matters for Small Businesses
- Legal Compliance – Failing to adhere to these requirements can result in fines or legal challenges.
- Audit Preparedness – Having a well-maintained record-keeping system ensures your business is prepared in case of an inspection.
- Better Hiring Practices – Keeping records can help refine your hiring strategy and track successful recruitment methods.
What You Need to Do Now
If your business advertises job openings, now is the time to implement a structured system for retaining job postings, applications, and interview details. Whether using digital tools or physical filing systems, ensure you have a process in place that aligns with the new ESA requirements.
