The 45-day rule for interviewed applicants in Ontario
If you interview someone for a publicly advertised job, you must tell them within 45 days whether a hiring decision has been made. This rule isn't about what the posting says; it's about what you do after.
Updated October 23, 2026. A summary, not legal advice.En français
In short
- Within 45 days of an interview, tell the applicant whether a hiring decision has been made.
- With several interviews, the 45 days run from the last one; interviews more than 45 days apart each need an update.
- In person, in writing, or by email, text or your applicant portal.
- Keep a copy of what you told them for three years.
What the law says
- An employer who interviews an applicant for a publicly advertised job must give them the prescribed information within the prescribed time. (ESA, s. 8.6)
- The information is whether a hiring decision has been made. The time is 45 days after the interview, or after the last interview if there were several. It can be given in person, in writing or using technology. (O. Reg. 476/24, s. 5)
- An interview is a meeting, in person or using technology such as a phone or video call, where questions are asked to assess the applicant. Preliminary screening before choosing who to meet isn't an interview. (O. Reg. 476/24, s. 2 (2))
- The Ministry's guide says interviews less than 45 days apart need one update and interviews more than 45 days apart need one after each, and that the rule applies to interviews on or after January 1, 2026, even when the job was posted earlier. (Ministry's guide)
- Keep a copy of the information for three years after the day you gave it. (ESA, s. 15 (7.1.1))
Messages you can copy
Decision made
Thank you for interviewing with us for the [job title] position. We've made a hiring decision, and we won't be moving forward with your application. We appreciate your time and interest.
No decision yet
Thank you for interviewing with us for the [job title] position. We haven't made a hiring decision yet. We'll let you know when we have.
Before and after
Interview on March 3. No message after it: on April 17, day 45, the applicant still hasn't heard anything.
Interview on March 3. Email on April 10: "We haven't made a hiring decision yet. We'll let you know when we have." A copy goes in the posting's file.
Silence breaks the rule once 45 days pass. A short "no decision yet" message meets it.
How CheckON checks it
A posting can't break this rule, so it isn't part of the check. Every CheckON result ends with a reminder of it under "After you post".
Who the rules apply to
Employers with 25 or more employees in Ontario on the day the job is posted, for public postings of a specific job done in Ontario, on your careers page, a job board or a recruiter's site. A posting open only to current employees, or a general "we're hiring" campaign that names no job, isn't covered. (O. Reg. 476/24, s. 1; O. Reg. 476/24, s. 2 (1))
Questions people ask
How long do Ontario employers have to respond after an interview?
45 days from the interview, or from the last interview if there were several (O. Reg. 476/24, s. 5). The update says whether a hiring decision has been made.
Does a phone screen count as an interview?
Not if it's preliminary screening before you choose who to interview. The regulation defines an interview as a meeting, in person or using technology, where questions are asked to assess the applicant, and leaves preliminary screening out.
Can I send it by email or through our applicant portal?
Yes. The information can be given in person, in writing or using technology, so email, text or an update in your applicant portal all fit. The Ministry's guide has details on portal updates.
Does it apply to jobs posted before 2026?
Yes, for interviews on or after January 1, 2026. The Ministry's guide says it applies even when the job was posted before that date.
Do I have to tell them who got the job?
No. The rule asks only whether a hiring decision has been made.
The other rules
- Pay rangeShow the expected pay, or a range no wider than $50,000 a year.
- Canadian experienceDon't require Canadian experience in the posting or its application form.
- AI disclosureSay so if AI screens, assesses or selects applicants.
- Existing vacancySay whether the job is an existing vacancy, or not.
- 3-year recordsKeep each posting, its form and your interview updates for 3 years.
Sources: the Employment Standards Act, 2000 (ESA), Part III.1 and s. 15, O. Reg. 476/24 and the Government of Ontario's guide to the job posting requirements. This page summarises them and isn't legal advice; for your situation, talk to an employment lawyer.