# Rules on whether a job posting is a real opening, as of 27 October 2026

Read in the built-in browser on 27 October 2026 (page text, not summaries).

## Ontario: in force since 1 January 2026

- Employment Standards Act, 2000, Part III.1, s. 8.5 (1) (a): every employer
  who advertises a publicly advertised job posting "shall include in the
  posting ... a statement disclosing whether the posting is for an existing
  vacancy or not". Added by 2024, c. 19, Sched. 2, s. 1 (Working for Workers
  Five Act). Same Part: s. 8.2 pay or pay range, s. 8.4 statement if AI is used
  to screen, assess or select applicants, s. 8.6 tell interviewed applicants
  whether a decision was made.
  https://www.ontario.ca/laws/statute/00e41
- O. Reg. 476/24: Part III.1 does not apply to an employer with fewer than 25
  employees on the day of posting (s. 1). Not a "publicly advertised job
  posting": a general recruitment campaign that does not advertise a specific
  position; postings restricted to existing employees; work performed outside
  Ontario (s. 2 (1)). Pay range limited to $50,000; no pay rule above $200,000
  (ss. 3, 4). 45 days to tell interviewed applicants (s. 5).
  https://www.ontario.ca/laws/regulation/r24476
- Ministry guide (updated 24 February 2026): rules apply to postings posted on
  or after 1 January 2026; "An existing vacancy means a position that is
  imminently available for a qualified candidate to fill"; the requirement
  "does not create an obligation for an employer to fill the vacancy"; a posting
  for no existing vacancy must say so. Employees counted in Ontario. "Where
  an employer includes in the posting a link to a website or a copy of a
  document containing information relevant to the posting, the information
  included in those sources is considered to be part of the posting." Its
  example of a general recruitment campaign that does not advertise a specific
  position is an advertisement that only reads "we are hiring" or "we are
  always looking for talent".
  https://www.ontario.ca/document/your-guide-employment-standards-act-0/requirements-related-publicly-advertised-job

What the data can and cannot say: whether a company has 25 employees in
Ontario is not visible in a posting, and "Remote, Canada" does not say the work
is in Ontario. Count only postings whose location names an Ontario place and
that were first published on or after 1 January 2026, and describe the result
as how many carry the statement, never as compliance or violation.

## New York: passed both houses, not law

- S8877 (Gianaris), 2025-2026 session, adds Labor Law s. 219-b. Employers with
  at least 100 employees and third-party job posting entities must state in
  capitals and bold whether the posting is for a current vacancy and when they
  intend to fill it: by a date if within 90 days, "no sooner than" a date if
  later, or that it is not for a current vacancy. Fine $2,500 (summary).
  Actions: referred to Labor 13 January 2026, passed Senate 28 April 2026,
  passed Assembly 2 June 2026 (substituted for A6292a). Status on the page on
  27 October 2026: "Passed Senate & Assembly"; no action after 2 June, no
  signature shown.
  https://www.nysenate.gov/legislation/bills/2025/S8877

Other US bills (New Jersey, California, Kentucky, Pennsylvania) were seen only
in secondary trackers and are not cited.