Canadian Employment Laws in Digital Advertising

Canadian employment laws governing digital advertising involve multiple regulatory frameworks that address job postings, discrimination, and advertising practices.

Job Posting Requirements

Ontario employers with 25 or more employees must comply with new job posting requirements that took effect January 1, 2026. These include:

• Compensation disclosure: Posting the expected compensation or range of compensation for the position
• Artificial intelligence transparency: Disclosing whether AI is used to screen, assess, or select applicants
• Vacancy status: Stating whether a vacancy actually exists
• Post-interview notifications: Informing interviewed candidates whether a hiring decision has been made

Employers with fewer than 25 employees are exempt from these requirements.

Anti-Discrimination in Targeted Job Ads

Microtargeting job advertisements based on protected characteristics may violate human rights legislation. A CBC investigation revealed that employers have used Facebook's targeting features to restrict job ad visibility by age, gender, and other demographics. Both Ontario's Human Rights Code and the Canadian Human Rights Act contain provisions that could capture these practices, as they are interpreted broadly to prevent discrimination against identifiable protected groups.

Job Posting Platforms

Online job posting platforms must establish mechanisms for users to report fraudulent postings and maintain written policies addressing fraudulent content. These policies must be conspicuously displayed where users can readily access them.

General Online Advertising Rules

Canadian online advertising law prohibits misrepresentations and deceptive marketing across all media, including digital channels. Commercial electronic messages sent via email, SMS, or instant messaging require prior consent under Canada's Anti-Spam Legislation (CASL) and must include sender identification, contact information, and an unsubscribe mechanism.