The 2025/2026 Hiring Overhaul: 3 Things Durham Region Employers Must Do NOW
For employers in Durham Region, from Pickering to Oshawa, the competition for skilled talent is undeniable. Whether you're in healthcare, manufacturing, skilled trades, or technology, your hiring process is your first and most critical tool for building a successful team.
But that tool is about to be completely re-regulated.
While not a single piece of legislation, a wave of new rules from Ontario's Working for Workers Acts are coming into effect in 2025 and 2026. These changes fundamentally alter how you must advertise jobs, select candidates, and onboard new employees.
For many, this will feel like a compliance headache. But for proactive Durham employers, this "hiring overhaul" is a golden opportunity to build trust, attract a wider talent pool, and gain a competitive edge.
Here are the three things you must do NOW to prepare.
1. Mandate: Revamp Your Job Postings (Effective Jan 1, 2026)
The days of the "competitive salary"-only job posting are numbered. Effective January 1, 2026, new rules for pay transparency, AI disclosure, and candidate communication will apply to any 'publicly advertised job posting.'
The New Rules:
Pay Transparency: You MUST include the expected compensation or salary range for the position.
No "Canadian Experience": You are BANNED from including any requirements for "Canadian experience."
AI Disclosure: You must state whether you use artificial intelligence (AI) to screen, assess, or select applicants.
Why it Matters for Durham Employers: This is the single biggest shift. For a region like Durham, which is a key destination for newcomers and is actively working to fill critical roles in healthcare and skilled trades, these changes are significant.
The ban on "Canadian experience" requirements directly opens your organization to a massive, qualified pool of internationally-trained professionals. When combined with pay transparency, it sends a powerful message of fairness and equity, aligning with the diversity goals of the region. This transparency, combined with new 2026 rules requiring you to notify interviewed candidates of your decision, helps you build a reputation as a fair employer and find talent others will miss.
What to Do NOW:
Start Your Comp-Audit: You can't post a salary range if you don't know what it is. Begin your internal compensation reviews now to establish clear, equitable, and defensible pay bands for every role.
Train Your Managers: Ensure anyone involved in hiring understands that "Canadian experience" can no longer be used as a screening crutch, either in the posting or in the interview.
Audit Your Templates: Review every job description template in your system and remove this language immediately.
2. Mandate: Audit Your HR Tech (Effective Jan 1, 2026)
Tucked into the new job posting rules is a modern compliance trap: disclosing your use of Artificial Intelligence (AI).
The New Rule: If you use AI to "screen, assess, or select applicants," you must disclose this in the job posting. The definition of AI is broad and will capture many common tools.
Why it Matters for Durham Employers: Many employers use AI without even knowing it. That "helpful" keyword filter in your Applicant Tracking System (ATS)? The video interview software that "ranks" candidate responses? That's almost certainly AI.
Failing to disclose this is not just a compliance violation; it's a risk. If a candidate alleges your AI-powered tool is biased (e.g., screening out applicants with gaps in their resumes or non-traditional backgrounds), you face significant liability. This includes potential human rights complaints for discrimination and new penalties under the Employment Standards Act for failing to disclose. Furthermore, new record-keeping rules will require you to retain these postings for three years, creating a clear audit trail.
What to Do NOW:
Contact Your Vendors: Email every HR tech vendor you use (ATS, screening tools, etc.) and ask them one simple question in writing: "Does your tool use artificial intelligence to screen, assess, rank, or select applicants?" Get a "yes" or "no" answer.
Draft Your Disclosure: If the answer is "yes," work with legal counsel to draft clear, simple disclosure language for your job postings.
Review Your Process: Understand how the AI is being used. Is it a final decision-maker or a simple assistant? Ensure a human is always making the final, defensible hiring decision.
3. Mandate: Standardize Your Onboarding (Effective July 1, 2025)
This change is the most immediate. As of July 1, 2025, employers with 25 or more employees must provide a new, detailed information package to every new hire.
The New Rule: Before an employee starts, or as soon as possible after, you must provide them with a written statement containing key information, including:
The employer’s legal and operating name.
The employee's job title and a description of their work.
The business address.
Details on their starting wage, pay periods, and how they will be paid.
Why it Matters for Durham Employers: In a competitive labour market with high demand for retail, food service, and warehouse workers, first impressions and clarity are crucial for retention.
This mandate formalizes what best-practice employers already do. It prevents "day one" confusion about pay, location, or even who the legal employer is (a common issue with numbered companies or complex corporate structures). It builds trust from the very beginning and provides a clear, legal record of the terms of employment, protecting both you and the employee.
What to Do NOW:
Create Your Template: Work with your legal team to create a standardized, compliant "New Hire Information Sheet" that contains all the required information.
Integrate into Workflow: Make this template part of your official onboarding process. The easiest way is to provide it to the candidate at the same time you present the formal offer of employment.
Train HR/Admin: Ensure everyone involved in hiring knows this is a non-negotiable step as of July 1, 2025.
Don't Wait for the Deadline
These changes are not just administrative tweaks; they are a fundamental overhaul of the hiring process.
By starting now, you can move beyond simple compliance. You can use these transparency mandates as a tool to build a stronger employer brand, attract the best talent in Durham Region, and set your organization up for success in 2026 and beyond.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. We recommend consulting with our team to discuss how these changes will impact your specific business.