Ontario Considers Use Of AI In The Hiring Process With Introduction Of Bill 149, Working For Workers Four Act, 2023

On November 14, 2023, the Ontario Government tabled Bill 149, Working for Workers Four Act, 2023 (Bill 149), which proposes legislative amendments to various employment statutes in Ontario. If passed, Bill 149 will require employers to disclose the use of Artificial Intelligence (AI) in the hiring process.

Bill 149 will amend the Employment Standards Act to require publicly advertised job postings to disclose whether the employer is using AI in the hiring process to screen, assess or select applicants. The Ontario Government has left certain details regarding the requirement to future regulation, including the definitions of “artificial intelligence” and “publicly advertised job posting”, along with any exceptions to this disclosure obligation.

The proposed disclosure aligns with the Federal Government’s current interest in AI systems used in the employment context. As reported by the E-TIPS® Newsletter here, the Federal Government’s recently proposed amendments to the Artificial Intelligence and Data Act (AIDA) will categorize AI systems used for recruitment and other employment activities as “high-impact” systems, which will result in additional obligations for these technologies to ensure that Canadians are properly protected from associated risks.

Currently, Bill 149 is at the Second Reading and making its way through the legislative process with the potential for further revisions before receiving Royal Assent into law. 

Summary By: Victoria Di Felice