Can I use AI in hiring? What employers need to know

The employer stays responsible

Every province’s human rights law prohibits discrimination in employment, and it applies to the result whether a person or a tool made the decision. A vendor’s screening feature is still the employer’s hiring decision.

Ontario, from January 1, 2026

An Ontario employer with 25 or more employees must say in every publicly advertised job posting whether it uses AI to screen, assess or select applicants, including when a recruiting firm does it on the employer’s behalf. A plain statement that AI is used is enough.

Quebec

Since September 22, 2023, a business that makes a decision about a person based only on automated processing of their personal information must tell them, explain on request the information and main factors used, and let them put their case to a person who can review the decision.

The federal picture

There is no federal AI law; the earlier federal AI bill died in January 2025. Bill C-36, introduced in June 2026, would replace the privacy part of PIPEDA and give people a right to an explanation of significant automated decisions. It is not yet law.

Practical safeguards

• List every tool that screens, ranks, scores or summarizes candidates, including features inside your applicant tracking system.
• Ask each vendor how the tool is tested for unfair results, and keep the answer.
• Have a person review rejections the tool recommends, at least for a sample.
• Tell candidates when AI is used, where the law requires it and preferably everywhere.
• Write the rules into your AI policy and keep records of what was used and when.