Ask Kate: Ontario’s new hiring rules will change the way real estate agents recruit

Every month, Kate Teves, HR consultant, recruiter and founder of The HR Pro, answers brokers’ questions about all things human resources. Do you have a question for Kate? Send her one e-mail.

January 2026 ushers in some of the most practical, and for some slightly panic-inducing, updates to Ontario’s hiring landscape in more than a decade. As you recruit office managers, marketers, property managers, or any of the behind-the-scenes talent that keeps your brokerage running, these changes will show up in your job postings, your screening tools, your ATS setup, your manager training, and ultimately your competitiveness in attracting strong talent.

For real estate teams and brokers, the impact is even greater. Most operate with limited staffing, a mix of full-time and contract positions, and a pace that does not always lend itself to detailed paper processes. The new rules require hiring managers to slow down, document more and communicate more consistently. In other words, many teams will do the administrative equivalent of switching from sprinting to power walking with a clipboard.

What is changing?

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

Pay transparently

Job postings must now include expected pay or a pay range. If a range is used, it generally cannot exceed $50,000 (and the requirement is waived for positions above $200,000 per year).

Please note: This still does not apply to real estate agents or other self-employed persons.

For real estate agents, this means that vacancies must become much more accurate and transparent. Administrative, customer care, staging, marketing and office support functions are all covered.

Templates will need updates to include pay ranges, AI usage overviews, and clear job posting details. And yes, candidates will definitely compare your offer with the real estate agency 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 position truly requires it and the employer can support the need. This is intended to reduce barriers for newcomers and requires a shift in the number of teams that traditionally screen for administrative talent.

AI reveal

If you use AI in any part of your recruitment process (resume scanning, automated ATS shortlisting, video interview scoring), you must mention this directly in the job posting.

This change means that screening tools need to be reexamined. Hiring managers should audit their technology stack, ensure they understand what their ATS actually does, and adjust their messaging accordingly. Failure to disclose AI use can lead to complaints or fines.

Vacancy/status disclosure

Job vacancies should clearly state whether the organization is filling an active vacancy or building a future talent pool. This is expected to reduce confusion and prevent misleading “fishing” advertisements.

Candidate follow-up

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

What this means for real estate agents

It’s no secret that this sector often relies on informal practices, quick interviews, quick decisions and a heavy reliance on instinct. With these regulatory changes, this approach will now come with risks. Applicant notes, assessment forms, interview summaries and hiring decisions should be documented and retained. Teams that have traditionally relied on email chains and verbal reviews will need more structured workflows.

Follow-up communication also requires discipline. Failure to respond to a candidate interview within 45 days can lead to compliance issues, and during busy months this task is easy to overlook. Hiring managers need systems, templates, and reminders to keep everything in line.

Reputation is more important than ever

Job seekers will have more information and more influence than ever before. Transparency requirements ensure that candidates come into interviews better informed, more selective, and more assertive when something doesn’t feel right.

Delayed responses, vague job postings, or perceived inconsistencies 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.