In a publicly advertised job posting, employers must include in the posting information about the expected compensation or range of expected compensation for the position.
This requirement does not apply if either the:
expected compensation is equivalent to more than $200,000 per year
range of the expected compensation ends at an amount equivalent to more than $200,000 per year
For example, if the expected compensation for a position is $210,000, or the expected range is from $170,000 to $210,000, the employer is not required to include compensation information in the posting.
It is up to the employer to decide whether to include expected compensation or a range of expected compensation; they are not required to include both.
If the expected compensation package includes more than one type of compensation, the employer must include information about each type. For example, if the expected compensation consists of an hourly rate plus commission, the employer must provide information about both the hourly rate and the commission.
The employer is not required to include a detailed description of the compensation. For example, where the compensation includes commissions, the employer may state that the successful candidate can expect to earn up to a certain amount in sales commissions; the employer is not required to detail the commission rates and structure.
Where a monetary amount cannot be provided, the employer may provide information about how the compensation would be earned. For example: a bonus of up to 10% of the annual salary, based on individual performance.
Note: this requirement does not establish an obligation for an employer to offer employment to an applicant at the compensation level, or within the compensation range, set out in the publicly advertised job posting.
Limitation on range of compensation
In the case of a range, the range is limited to an amount equivalent to $50,000 per year or less.
For example: a range from $85,000 to $135,000 may be included in a publicly advertised job posting. On the contrary, a range from $85,000 to $140,000 cannot be included in a publicly advertised job posting because the range exceeds $50,000.
Note: this limitation only applies with respect to information that can be included in a publicly advertised job posting. The ESA does not prohibit an employer from implementing a compensation range that exceeds an amount equivalent to $50,000 per year.
Canadian experience requirements
Employers are prohibited from including in a publicly advertised job posting or any associated application form any requirements related to Canadian experience, including:
work experience
education credentials
a requirement to have an established professional network or client base
This ESA job posting prohibition does not apply to professional licensing or registration requirements.
Note that Canadian experience requirements may be subject to other statutes, such as the Ontario Human Rights Code (for more information, see the Ontario Human Rights Commission’s policy on Removing the “Canadian experience” barrier ).
Use of artificial intelligence
If an employer uses artificial intelligence to screen, assess or select applicants for a publicly advertised job posting, the employer must disclose the use of the artificial intelligence in the posting.
This requirement applies equally where the employer engages a third party (for example, a recruiting firm) to screen, assess or select applicants on their behalf. The employer has the responsibility for ensuring that the required information is contained in the posting.
It is not necessary to provide a detailed description of the artificial intelligence system or the employer’s use of the system. It is enough for the employer to state that artificial intelligence is used to screen, assess or select applicants.