A new legislation by the Ontario government is aiming to stop companies from “ghosting” job applicants in the province, and while one HR expert says it could work to reduce job market frustration, a lawyer claims it won’t make much of a difference.
The legislation, first brought forward last year as part of the province’s Working for Workers Five Act, requires that employers update job seekers about the status of their application within 45 days of them having an interview with the company.
Director of Communications for Ontario Minister of Labour, Immigration, Training and Skills Development, Michel Figueredo, says that the measure hopes to bring more clarity into the job market and “restore respect and fairness in the hiring process.”
“Our government is ending the era of candidates being left in the dark after a job interview. That’s why we brought forward new legislation requiring employers to respond to candidates within 45 days of an interview, mandating a response within 45 days, and disclosure of AI use in hiring,” he said in a statement to Now Toronto on Friday.
Canada’s job market is currently facing a crisis, with the employment rate in Ontario reaching 7.8 per cent in June, 0.9 points higher than the country’s 6.9 per cent average, according to Statistics Canada.
These numbers are being felt by the people in regions across the province, including Toronto, where many—especially youth and recent graduates—have been engaging in extremely long job fair lineups, sharing innovative job search strategies and even ranting about not being able to land a job online.
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RESPONSES COULD BRING BACK HUMAN ASPECT TO JOB HUNTING
Ashley Whelan, CPHR-certified HR Project Specialist at Salopek HR, says that the new legislation could be a step towards reducing the frustration of many applicants who don’t hear back from employers throughout the hiring process.
“It eliminates the guesswork for applicants and encourages a more efficient hiring timeline. For young job seekers and recent graduates, who may already face systemic barriers to employment, this kind of legislation signals progress,” she said in a statement to Now Toronto on Friday.
The HR expert says that even if the response from the hiring company doesn’t bring good news, receiving acknowledgement from the hirer, especially after the candidate went through different stages of the interview process, might be a step towards making the applicant feel more respected.
With the rise in the use of AI systems, it is increasingly common to see employers utilizing automated services through the hiring process. A recent survey by Censuswide concluded that among 7,275 respondents from Canada, the U.S. and the U.K., 87 per cent reported to use AI-powered tools when managing applications.
Whelan says that while these tools can be useful, especially in the beginning of the hiring process, they don’t eliminate the need for meaningful responses to job applications.
“This [legislation] could prompt a broader revaluation of recruitment systems, shifting the focus from speed and automation to experience and fairness. It’s not about removing tech, but about using it more responsibly,” she added.
NOT A PERFECT SOLUTION: EXPERT
Meanwhile, Partner, Employment & Labour Relations Attorney at McMillan LLP, Dave McKechnie, says that he believes the legislation will not make a major difference to most applicants.
The lawyer highlights that the law doesn’t require employers to respond to all job applicants, but only to those who have gone through an interview. Additionally, it also doesn’t require that they give any kind of feedback to job seekers, allowing them to simply respond with the decision.
“I don’t think it’s going to help them at all,” he told Now Toronto on Friday. “All that can be is simply, ‘A hiring decision has been made,’ and that’s it. And so, for the applicants who are sending out resumes, and hoping to hear something, this legislation doesn’t change any of that.”
McKechnie also explains that usually these kinds of changes are not accompanied by an increase in revenue to deal with complaints, and with increased complaints and less resources, the ministry might not be able to properly respond to inquiries.
“They don’t have the bodies to deal with all of these complaints. So, it is a very nice provision on its face. Everybody would love to know how they did an interview. I just don’t think it’s going to move the needle one way or the other,” he added.
The expert says that companies who are reported for not complying with the legislation will probably only receive a compliance order asking them to do so moving forward, and might only receive a fine or other measures after they get reported multiple times.
“They keep putting out these Working for Workers Act pieces of legislation every four or five months or so. So,I guess we’ll see…what happens after that one goes.”
