New Ontario hiring rules will change how brokerages recruit

Every month, Kate Teves, HR consultant, recruiter and founder of The HR Pro, answers Realtors’ questions about anything and everything related to human resources. Have a question for Kate? Send her an email.

January 2026 is ushering in some of the most practical, and for some, mildly panic-inducing, updates to Ontario’s hiring landscape in over a decade. If you recruit office managers, marketers, real estate administrators, or any of the behind-the-scenes talent that keeps your brokerage afloat, these changes will show up in your job ads, your screening tools, your ATS settings, your manager training, and ultimately, your competitiveness in attracting strong talent.

For real estate teams and brokerages, the impact is even more pronounced. Most operate with lean staffing, a blend of full-time and contract roles, and a pace that doesn’t always lend itself to detailed paper trails. The new rules will require hiring managers to slow down, document more and communicate more consistently. In other words, many teams will be doing the administrative equivalent of switching from sprinting to power-walking with a clipboard.

What’s changing?

Ontario’s amendments to the Employment Standards Act (and its regulation) now require employers who publicly advertise positions on LinkedIn, Indeed or even a small “we’re Hiring” tab on their website to include specific information and adjust their recruitment practices.

Pay transparency

Job postings must now include the expected compensation or a compensation range. If a range is used, it generally cannot exceed a $50,000 spread (and the requirement drops off for roles exceeding $200,000 annually).

Note: This continues not to apply to real estate agents or other self-employed individuals.

For brokerages, this means job ads must become far more precise and transparent. Administrative, client care, staging, marketing and office support roles are all covered. 

Templates will need updates to include pay ranges, AI-usage statements, and clear vacancy details. And yes, candidates will absolutely compare your range with the brokerage down the street.  If you prefer to keep compensation confidential, a recruitment agency can advertise on your behalf while maintaining the privacy of your internal compensation structure.

No “Canadian experience” requirement 

Employers may no longer request Canadian work experience unless the role genuinely requires it and the employer can support the necessity. This is intended to reduce barriers for newcomers and will require a shift in how many teams traditionally screen for admin talent.

AI disclosure

If you use artificial intelligence in any part of your hiring process (resume-scanning, automated ATS short-listing, video-interview scoring) you must disclose it directly in the job posting.

This change means screening tools will need to be revisited. Hiring managers should audit their technology stack, ensure they understand what their ATS is actually doing, and adjust their postings accordingly. Failing to disclose AI use can result in complaints or penalties.

Vacancy/status disclosure  

Job postings must clearly state whether the organization is filling an active vacancy or building a future talent pool. This is expected to reduce confusion and avoid misleading “fishing” ads.

Candidate follow-up  

Employers must respond to interviewed candidates within 45 days of the final interview. That means more tracking, more files and more accountability. For teams already stretched during peak selling seasons, this will introduce new administrative demands.

What this means for real estate brokerages

It is not a secret that this industry often relies on informal practices, quick interviews, fast decisions and a heavy reliance on instinct. With these regulatory changes, that approach will now come with risks. Applicant notes, rating sheets, interview summaries and hiring decisions must be documented and retained. Teams that have historically relied on email chains and verbal assessments will need more structured workflows.

Follow-up communication will also require discipline. Failing to respond to an interviewed candidate within 45 days can create compliance issues, and during busy months, this task is easy to overlook. Hiring managers will need systems, templates, and reminders to keep everything aligned.

Reputation matters more than ever

Job seekers will have more information and more leverage than ever before. Transparency requirements mean candidates will walk into interviews better informed, more selective, and more vocal if something feels off. 

Delayed responses, vague job postings, or perceived inconsistency in the hiring process can quickly surface on Indeed, Glassdoor or Google reviews and significantly slow down your hiring pipeline, not only for current projects but also for future hiring needs.