Ontario’s 2026 Hiring Law: Ending Candidate Ghosting and Raising the Bar for Respect in Recruitment

One of the most frustrating experiences job seekers face today is going through an interview and then never hearing back from the employer. The silence. The uncertainty. The ghosting. For many candidates, this lack of closure has become an all-too-common experience, and it reveals a lot about how some organizations treat people well before their first day.

That’s about to change.

Beginning January 1, 2026, new Ontario legislation will come into effect, establishing higher standards for transparency, fairness, and respect in recruitment. Under the Employment Standards Act, 2000 (ESA), employers with 25 or more employees will be subject to new requirements for publicly advertised job postings.

What’s Changing

Employers will now be required to include either the expected compensation or a clear pay range in every public job posting. This move towards pay transparency ensures applicants know what to expect before investing time in an application. Limited exceptions exist, such as roles where compensation exceeds $200,000 annually, but for most postings, vague phrases like “competitive salary” will no longer be acceptable.

Job postings will also no longer be permitted to list “Canadian experience” as a mandatory requirement. This critical change acknowledges and eliminates barriers faced by internationally trained professionals who bring valuable skills and global perspectives to Ontario’s workforce.

If an employer uses artificial intelligence in any part of the hiring process, such as screening resumes, assessing candidates, or making selection decisions, that use must now be disclosed in the job posting. The goal is transparency: candidates have the right to know when AI is used in evaluating their suitability.

Furthermore, employers should specify whether the job posting is for an existing vacancy or a future opportunity. This helps avoid misleading ads that waste applicants’ time.

Perhaps the most important change from a candidate’s perspective is the introduction of a 45-day notification rule. Employers will now be required to inform every interviewed candidate of the hiring decision within 45 days of the interview. This provision ensures applicants receive closure, not silence, and helps restore respect and accountability in the hiring process.

Finally, employers must retain all publicly advertised job postings, applications, interview records, and candidate communications for 3 years after they are removed from public view. This record-keeping requirement promotes accountability and ensures transparency during potential audits.

It’s important to note that these new job posting and notification requirements apply only to employers with 25 or more employees on the day the posting is made. Smaller employers are exempt from these specific obligations; however, the spirit of the legislation applies to all organizations that value professionalism and respect in their hiring practices.

The 45-Day Rule: A Remedy for Candidate Ghosting

The 45-day notification requirement directly tackles one of the most damaging practices in modern recruitment: ghosting. Failing to respond after an interview doesn’t just inconvenience a candidate; it sends a clear message about a company’s culture. It signals disorganization, a lack of respect, or even, worse, indifference.

Organizations that continue ghosting candidates after January 2026 will not only face non-compliance but also risk harming their reputation. In a talent-driven market, silence speaks volumes.

Even a brief, polite message to inform a candidate of the outcome is far better than ignoring them altogether. Respectful communication, whether it’s an offer or a professional “thank you, but we’ve decided to move in another direction,” demonstrates integrity. The 45-day rule formalizes this courtesy and requires employers to include it in their processes.

Why Ghosting Reflects Poorly on Employers

Ghosting a candidate after an interview is more than just missing an email; it reflects the organization's culture. It exposes a lack of process, discipline, and respect for people’s time. If a company cannot communicate effectively with candidates during the recruitment process, why should anyone expect transparency or accountability once they are employed?

It also damages the employer brand. Today’s job seekers communicate online, on social media, and within professional circles. Companies that regularly ghost candidates risk being perceived as unprofessional or disorganized, which can deter future applicants and damage their credibility.

Top candidates, in particular, see the hiring process as a preview of the work environment. If their first experience with your organization is silence, they’re unlikely to want to join your team.

How Employers Can Prepare

With these new requirements coming into effect, now is the time for organizations to review and strengthen their hiring practices.

Outline your recruitment process, identifying each step from posting to offer, and set clear timelines for every stage.
Assign accountability. Identify who is responsible for candidate communication and follow-ups.
Use technology wisely. Automate acknowledgment emails, reminders, and compliance tracking to ensure deadlines are met.
Train hiring managers. Ensure each manager understands the new 45-day rule, the reputational damage caused by ghosting, and the significance of providing closure.
Document everything. Keep records of postings, interview notes, and candidate communications for 3 years.

Even for smaller employers who are below the 25-employee threshold, these are best practices worth adopting. They not only demonstrate professionalism but also enhance the candidate experience, which directly leads to better hiring outcomes.

A Cultural Shift Toward Integrity

The 2026 legislation signifies more than mere regulatory change; it embodies a broader cultural shift towards respect, transparency, and accountability in the recruitment process.

Ghosting may be common now, but it remains unacceptable. How an organization communicates with candidates, especially when sharing disappointing news, says more about its values than any job ad ever could.

The message is clear: treating applicants with courtesy is no longer optional. It’s becoming part of the standard of doing business in Ontario. And that’s a step forward for everyone, employers and candidates alike.

Final Thought

Although smaller organizations are exempt from specific legal requirements, courtesy and professionalism are universal. Communication is free, but silence costs. Employers who uphold transparency and respect will not only meet compliance standards but also attract talent that values integrity, accountability, and trust.

At The Burke Group, we assist employers across Ontario in modernizing their recruitment processes, ensuring compliance with evolving employment laws, and crafting candidate experiences that embody organizational integrity.

If your team would like guidance on aligning your hiring practices with Ontario’s 2026 recruitment standards or support in improving candidate communication and employer branding, connect with us today.

Together, we can help your organization hire with confidence, compliance, and compassion.