The existing vacancy statement in Ontario job postings
Every public job posting in Ontario must say whether it's for an existing vacancy or not. One sentence covers it, whichever the answer is.
Updated October 23, 2026. A summary, not legal advice.En français
In short
- Every posting must say whether it's for an existing vacancy.
- An existing vacancy is a position that's imminently available for a qualified candidate to fill.
- A talent pool or evergreen posting for a specific job must say there's no existing vacancy.
- The statement doesn't commit you to hiring.
What the law says
- A public job posting must include a statement disclosing whether the posting is for an existing vacancy or not. (ESA, s. 8.5 (1) (a))
- The Ministry's guide defines an existing vacancy as a position that is imminently available for a qualified candidate to fill. If there isn't one, the posting must say so. The rule doesn't require you to fill the vacancy. (Ministry's guide)
- Exceptions can be set by regulation; none have been. (ESA, s. 8.5 (2))
Wording you can copy
Existing vacancy
This posting is for an existing vacancy.
Existing vacancy, plain
This job is an existing vacancy.
No existing vacancy
This posting is not for an existing vacancy.
Talent pool
This posting is not for an existing vacancy. We're collecting applications for future openings.
Before and after
Join our talent community! We're always looking for Customer Service Representatives to join our Mississauga team.
Join our talent community! We're always looking for Customer Service Representatives to join our Mississauga team. This posting is not for an existing vacancy. We're collecting applications for future openings.
A talent pool posting for a specific job is still a public job posting. It must say there's no existing vacancy.
How CheckON checks it
CheckON looks for the statement and, when the posting doesn't have one, asks whether the job is an existing vacancy. Your answer picks the sentence to add, from the wording above.
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
What is an existing vacancy?
The Ministry's guide defines it as a position that is imminently available for a qualified candidate to fill. A job you're hiring for now is one; a talent pool or a posting for future openings isn't.
Do I have to use the words "existing vacancy"?
The law doesn't prescribe the words, but using them, as in "This posting is for an existing vacancy", leaves no doubt. Vague lines like "applications accepted on an ongoing basis" may not count; CheckON marks them as a warning.
Does a talent pool posting need the statement?
Yes, if it advertises a specific job to the public: it should say there's no existing vacancy. A general "we're hiring" campaign that names no specific job isn't covered.
Does saying "existing vacancy" commit me to hiring?
No. The Ministry's guide says the rule doesn't require you to fill the vacancy.
Where in the posting should it go?
Anywhere in the posting. Near the end, with the pay and any AI statement, is easy for applicants to find.
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.
- 45-day replyTell each interviewed applicant within 45 days whether a decision was made.
- 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.