Canada: New Job Posting Rules
From January, the new public posting rules came into effect. Here is a brief reminder of the new rules.
The rules relate to the use of AI in employer hiring decisions and the purpose is to make candidate employees aware of their rights regarding AI use.
The rules apply to any employer organisation with 25 or more employees, which is advertising a position to the general public. They do not apply to general (non-job specific) recruitment campaigns, “help wanted” signs or internal organisation recruitment.
The Obligations
Any intended use of AI to screen, assess or select candidates, must be stated in any publicly advertised job postings for that role.
Unofficial Guidance from the Ministry of Labour states that a detailed description of the AI system to be used is not required. It is sufficient to state that AI is used to screen, assess or select applicants.
Aside from the AI disclosure rule, additional job posting disclosure requirements also came into effect in January:
- Adverts must include expected compensation or expected range, unless the expected compensation exceeds $200,000;
- Adverts must state whether or not the job is for an existing vacancy;
- Employers cannot state “Canadian experience” as a requirement.
Breaches of the job posting rules can be reported by employees to the Ministry of Labour. Fines for breaches can be up to $100,000.
This is a high-level general update only. Legal advice should be obtained on specific circumstances.