The imposition of tariffs and the escalation of trade wars have prompted businesses to seek strategic solutions to navigate growing uncertainties. One strategy gaining traction across various industries is adopting a more global approach to hiring.
If you are looking to hire in Canada, whether you are just entering the Canadian employment market or expanding operations to another province, it is important to understand your legal obligations throughout the hiring process. At each stage of the hiring process in Canada there are important legal obligations that employers – and HR professionals – need to be aware of.
Key Takeaways
Depending on your jurisdiction, the following requirements may apply during your hiring process in Canada:
- Job Postings and Advertisements
- Job postings must avoid prohibited discrimination.
- Disclose salary information in job postings.
- Applicants must be notified about accommodations.
- Quebec/Federal law mandates job ads in French.
- Interviewing
- Do not ask about prohibited grounds of discrimination or wage history.
- Provide accommodations and consult applicants with barriers.
- Starting in 2026, notify candidates within 45 days of interview outcomes.
- Pay Requirements
- Equal pay for equal work, barring differences based on sex or other prohibited grounds.
- Minimum wage varies by jurisdiction and is increased regularly.
- Some jurisdictions require written disclosure of pay policies like tip pooling.
- Communications to New Hires
- Employers must provide mandatory documents like disconnecting-from-work or electronic monitoring policies (Ontario) or written statements (federal).
- Many new hire communications must be shared within 30 days of hire.
1. Job Postings and Advertisements
Hiring starts with a job posting and advertising, and in some cases the completion of an application form. The creation of a job posting and application requires an understanding of organizational requirements and matching skill sets, but it also requires knowledge of your legal obligations.
Five types of legislation impact on job postings and applications:
- Human rights
- Pay transparency (in some jurisdictions);
- Employment Standards (in some jurisdictions);
- Accessibility (in some jurisdictions); and
- Official languages (in Quebec and the federal jurisdiction).
Human Rights
Every jurisdiction in Canada has human rights legislation that applies to employers, and that legislation generally prohibits employers from advertising a job or using an application form that expresses a limitation, specification or preference based on a “prohibited ground of discrimination” (see our article “Human Rights – 4 Employer Obligations” for more info). When drafting a job posting or application, you need to ensure that nothing in the posting or application expresses a limitation, specification or preference for a candidate based on a prohibited ground.
The prohibited grounds of discrimination are largely the same in each jurisdiction, but there are some differences.
Many jurisdictions permit discrimination in a job advertisement or application if it is for a bona fide occupational requirement or meets the requirements of a special program. These exceptions are not the same in every jurisdiction though, so if you are creating a job advertisement or application that will be used in multiple jurisdictions, you need to ensure that it complies with the requirements in each jurisdiction.
Pay Transparency
Six Canadian jurisdictions currently have pay transparency laws enacted or in the process of being enacted.
Most pay transparency legislation requires employers to include pay information in public job postings. For example, pay transparency legislation in British Columbia requires that employers who publicly advertise a job posting must include information in the posting about the expected pay or the range of expected pay for the position.
Of note, Ontario’s pay transparency requirement will come into force on January 1, 2026, and it specifically provides that if a pay range is listed, the range cannot be greater than $50,000. No other jurisdiction currently specifies a monetary limit on the range that can be specified. Ontario will also exempt postings from the pay transparency requirement if the expected compensation is $200,000 per year or more or if the high end of the salary range is $200,000 per year or more.
Our article on pay transparency provides more information on this topic.
Other Job Posting Requirements
In addition to pay transparency, Ontario has passed legislation that will impose additional requirements on job postings:
- disclosure of the use of AI to screen, assess or select applicants for a position
- disclosure of whether or not the posting is in respect of an existing job vacancy
- A prohibition on including Canadian experience requirements
We provide more detail on the Ontario job posting requirements in our article Ontario Job Postings – New Requirements Come into Force Jan. 1, 2026.
Accessibility
You may also be required to notify potential applicants of the availability of reasonable accommodations for those who may be disabled by a barrier. This means including a statement in the job posting advising potential applicants about accommodations, such as:
ABC Corp. welcomes and encourages applications from candidates with disabilities. Accommodations are available on request for candidates taking part in the selection process. If you require disability-related accommodation during the recruitment process, please contact Jane Doe at janedoe@abccorp.com.
Official Languages
Quebec and the federal jurisdiction both have official languages legislation. In Quebec, employers that publish a position (as part of recruitment, hiring, transfer or promotion) in a language other than French must publish the position simultaneously in French. The French publication must use the same means of transmission and reach a target audience of proportionally comparable size. For more information on official languages requirements in Quebec, see our article.
2. Interviewing
When hiring, the law prohibits employers from asking candidates certain questions. There are two main prohibitions:
- You cannot ask questions that express a limitation, specification or preference based on a prohibited ground under human rights legislation; and
- You cannot ask candidates about their wage history.
Accessibility legislation in some jurisdictions also requires employers to:
- notify applicants that, on request, reasonable accommodations may be available for those who may be disabled by a barrier; and
- consult with applicants who request reasonable accommodations and provide or arrange for the provision of reasonable accommodation.
Ontario employers will soon have obligations following an interview as well. Ontario has enacted legislation that will require employers to must tell the interviewee whether a hiring decision has been made. This must be communicated within 45 days after the interview date (or after the last interview date if there has been more than one interview). This information can be provided in person, in writing or using technology. This new requirement will take effect January 1, 2026.
3. Pay Requirements
When hiring, you also need to be aware of pay requirements. These include:
- equal pay requirements
- minimum wage
- requirements to provide certain pay related information to new hires.
Equal pay requirements exist across Canada. These obligations are found in either human rights legislation or in employment standards legislation. Generally, employers cannot pay one employee less than another on the basis of sex when they perform the same or substantially similar work. In some jurisdictions the equal pay requirement extends to other prohibited grounds as well, such that you cannot pay one employees less than another employee on the basis of any prohibited ground when they perform the same or substantially similar work. When negotiating salary with a new hire, it is important to remember your obligations with respect to equal pay.
Minimum wage varies across the country and different minimum wage rates may apply to different types of work. The minimum wage is typically reviewed (and often increased) at least annually in each jurisdiction.
Some jurisdictions also require employers to provide new hires with certain pay information. For example, in Prince Edward Island, tips and gratuities can be pooled for the benefit of some or all employees, but employees must be advised of this practice in writing at the time of hiring.
4. Communications to New Hires
On hiring, there are certain communications that must be provided to new employees. For example, in Ontario an employer with 25 or more employees is required to have a disconnecting from work policy and an electronic monitoring policy. These polices must be provided to a new hire within 30 days of them becoming an employee.
And federally regulated employers must provide employees with the following within 30 days of them becoming an employee:
- a copy of government materials setting out employers’ and employees’ rights and obligations under Part III of the Code;
- a written statement containing information relating to their employment.
These are just two examples. Ensure that you have a complete list of communications and information that must be provided to new hires. And remember that these requirements will vary from province to province.
Hiring and Compliance Works
Hiring obligations are spread over a variety of legislation – everything from employment standards, health and safety, human rights, pay transparency, accessibility, and official languages. Knowing where to look to identify all of your obligations is challenging. Compliance Works makes it easy to identify all of your requirements by covering 8 areas of law and pulling together related requirements from Acts and Regulations, providing you with confidence that you have it all covered.
Contact us to Request a Demo or email us at info@complianceworks.ca to learn how a subscription to Compliance Works can help your HR team succeed.
