Compliance

publicly advertised job posting

A job posting made publicly available under the regulation.

How the laws define this

Both regulatory descriptions agree that a publicly advertised job posting centers on making an advertisement for a job accessible to the general public. The primary point of divergence lies in how coverage and applicability are determined by each instrument. Under the Ontario Working for Workers Act - AI Hiring Disclosure, the definition relies on specific distribution channels, explicitly highlighting advertisements for a specific job posted on third-party websites, social media, or company job boards. Conversely, the Working for Workers Four Act, 2024 (Bill 149) - AI and Electronic Monitoring Provisions limits public availability to channels and conditions set out in O. Reg. 476/24. Furthermore, this instrument conditions applicability on comparing a posting to operational definitions, employer-size thresholds, enumerated exclusions, and listed exceptions.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first.

JurisdictionInstrumentStatusWhat is distinctive
CanadaWorking for Workers Four Act, 2024In ForceSpecifies posting must be made available through channels and under conditions in O. Reg. 476/24, with enumerated exclusions and employer-size thresholds.
Ontario, CanadaOntario Working for Workers Act - AI Hiring DisclosureAwaiting EntryLimits term to an advertisement for a specific job posted to the general public on third-party websites, social media, or company job boards.

What it triggers

  • In Canada under the Working for Workers Four Act, 2024, employers must disclose the use of artificial intelligence in such postings when screening applicants.source
  • Under Ontario's Working for Workers Four Act, such postings trigger a requirement for employers to disclose AI use to enhance recruitment transparency.sourcesource

Definitions (2)

A posting that is made available to the public through channels and under conditions set out in O. Reg. 476/24, subject to enumerated exclusions and employer-size thresholds; applicability is determined by comparing a given posting to the regulation's operational definition and listed exceptions.

An advertisement for a specific job that is posted to the general public, including on third-party websites, social media, or company job boards.

Not to be confused with

25-employee threshold

The 25-employee threshold is an employer-size exemption that may limit applicability of rules to postings under definition 1, unlike the posting itself.

Questions and answers

What triggers AI disclosure in job postings under Ontario law?

Employers must disclose AI use in publicly advertised job postings when screening applicants. This applies under the Working for Workers Four Act, 2024.

Does every public job ad count as a publicly advertised job posting?

No, definition 1 requires availability through specific channels in O. Reg. 476/24 with exclusions and thresholds; definition 2 requires it be for a specific job on public platforms.

Are there exemptions for public job postings?

Yes, under definition 1, enumerated exclusions and employer-size thresholds like the 25-employee threshold determine applicability.