Ontario’s new AI Disclosure Rules in Hiring
Ontario is taking a clear step toward transparency in hiring. Effective January 1, 2026, employers with 25 or more employees will be required to disclose the use of artificial intelligence (AI) in the recruitment process for publicly advertised job postings. For employers, this is not just a “check-the-box” update to job ads. It requires understanding where AI is actually being used in your hiring process and putting practical controls in place to support compliance. Who the requirement applies to The disclosure obligation applies if all three of the following are true: If you have fewer than 25 employees, the disclosure requirement does not apply — though best practices around transparency and fairness still do. What counts as “AI use” in recruitment? This is where many employers underestimate their exposure. You do not need to be using cutting-edge or custom-built AI for the requirement to apply. If a tool uses automation, machine learning, or algorithmic decision-making to evaluate candidates, it likely counts. Common examples of AI use include: If an AI tool influences who advances and who doesn’t, assume disclosure is required. What the law actually requires Employers must include a clear, plain-language statement in the publicly advertised job posting (and any associated application form) that AI is used in the hiring process. What this actually means: