Job posting platform
An online platform that displays publicly advertised job postings. For example, a platform made available to job seekers through a web browser, a mobile application or other online interface, which allows employers, or persons acting on behalf of employers, to advertise publicly advertised job postings.
A job posting platform does not include a platform operated by an employer that only advertises for positions with that employer. For example, ABC Inc. is a toy manufacturing company that operates a website which includes a page that advertises positions with the company (and no other positions). The website operated by ABC Inc. is not a job posting platform within the meaning of the ESA .
Where an employer’s online platform advertises both positions with that employer and positions with another employer, it is a job posting platform under the ESA . For example, XYZ Inc. is a consulting firm that operates an online platform that advertises both positions with XYZ Inc. and publicly advertised job postings for positions being filled by its clients. The website operated by XYZ Inc. is a job posting platform, and XYZ Inc. must follow the requirements set out in the ESA for persons operating job posting platforms.
Artificial intelligence (AI)
A machine-based system that, for explicit or implicit objectives, infers from the input it receives in order to generate outputs such as predictions, content, recommendations or decisions that can influence physical or virtual environments.
This definition captures AI-based systems and applications ranging from simple to complex. Whether a particular system falls within the scope of the definition of “artificial intelligence” under the ESA will depend on the specific facts of each case.
Compensation
Wages , which under the ESA means:
monetary remuneration payable by an employer to an employee under the terms of an employment contract, oral or written, express or implied
any payment required to be made by an employer to an employee under the ESA , and
any allowances for room or board under an employment contract or those prescribed under the ESA
It does not include:
tips or other gratuities
any sums paid as gifts or bonuses that are dependent on the discretion of the employer and that are not related to hours, production or efficiency
expenses and travelling allowances, or
subject to some exceptions, employer contributions to a benefit plan and payments to which an employee is entitled from a benefit plan.
For example, compensation includes items such as an hourly rate, salary, commission, piece work rate, or a bonus that is related to the employee’s hours of work, production or efficiency.
On the other hand, compensation excludes items such as tips, travel expense reimbursements, stock options, or bonuses that are both discretionary and unrelated to hours of work, production or efficiency.
Interview
A meeting in person or a meeting using technology (for example, teleconference or videoconference technology) between an applicant who has applied to a publicly advertised job posting and an employer, or a person acting on behalf of an employer (for example, a third-party recruiter), where questions are asked and answers are given to assess the applicant’s suitability for the position.
An interview does not include a preliminary screening before the selection of which applicants to interview.
A preliminary screening is generally an initial step in the recruitment process, taken by the employer to filter the applicant pool to arrive at a selection of candidates who are most qualified for the position. For example, a phone call to confirm that the applicant meets the minimum qualifications for the position, or to clarify information provided in their application.
Whether a meeting falls within the definition of “interview” will depend on the circumstances. The question is whether the purpose of the meeting is to determine if the applicant meets the minimum qualifications to be considered for the position (a preliminary screening) or to assess the applicant’s suitability for the position after it has been determined that they meet the minimum qualifications (an interview).