Ontario New Record Retention Rules: What Employers Must Keep on File

Ontario new record retention rules that affect employers are starting January 1, 2026. 

From here, employers in Ontario must follow updated standards for storing and managing recruitment records under the Employment Standards Act (ESA). 

To stay compliant, secure, and ready for audits, this article will guide you through everything you need to know about these new rules and how to prepare effectively.

Let’s get started.

Which are Ontario new record retention rules?

Starting in 2026, employers in Ontario will be required to retain recruitment records for three years after a job posting ends. 

This includes:

  • Copies of all job postings
  • Applications and resumes from candidates
  • Communications following interviews (for both hired and not hired applicants)

Records must be easy to access, accurate, and stored securely to comply with ESA standards. 

Employers should back up the information, label it clearly, and make sure it can be found during an inspection or legal request.

If you need help with the right systems, check out the benefits of outsourcing HR.

HR partners like TROIS Collective can assist you in setting up secure data management systems that make compliance easier.

Why This Matters for Employers

Record retention is a key part of HR compliance and managing risk, even if it doesn’t sound exciting. 

If employers fail to follow these record-keeping rules, they may face fines or struggle to respond to government audits and employee disputes. 

So, keeping good records also promotes fairness, equality, and accountability in the organization.

In addition to compliance, effective record retention:

  • Creates a clear audit trail for reviews, both internal and external.
  • Helps assess recruitment success and identify hiring trends.
  • Supports equity, diversity, and inclusion by documenting fair hiring practices.

This new compliance is a great opportunity to enhance your recruitment systems with strong HR strategies and employee retention, as consistency leads to better HR outcomes.

How to Prepare for the 2026 Deadline

Employers should start updating their systems now to avoid last-minute stress.

We have implemented certain measures with our clients that we suggest you adopt as well:

  • Check how your team saves job postings, resumes, and messages.
  • Use a secure HR software or an encrypted shared drive.
  • Limit who can view or change candidate information.
  • Clearly state how long you keep documents and when they should be deleted.
  • Ensure that all managers and recruiters understand their responsibilities.

Good record retention practices can also improve your efficiency.

For example, linking your ATS with performance systems can help you track candidate quality over time.

Benefits of Good Record Retention

Having a good record retention policy helps you stay compliant and makes your organization more organized and transparent.

You can also:

  • Strengthen your employer brand with fair and consistent documentation.
  • Gather important data to improve recruitment and performance strategies.
  • Reduce legal and privacy risks associated with improper handling of information.
  • Build trust and accountability within your HR team.

How TROIS Collective Can Help

At TROIS Collective, we help growing organizations create efficient, compliant, and secure HR systems that follow Ontario’s new laws.

Our HR consultants can assist you with:

1. Reviewing your current documents and hiring practices.

2. Designing a record retention policy that meets ESA standards.

3. Suggesting HR technology (like ATS or HRIS) to automate tracking.

4. Training your team on privacy, security, and compliance best practices.

If you want to get ready before 2026, contact TROIS Collective today.

Practical Checklist for Record Retention Compliance

  • Confirm that your company has 25 or more employees.
  • Review how you currently keep recruitment records.
  • Choose a secure storage option, like an HRIS, ATS, or an encrypted drive.
  • Set clear policies for how long to keep records and when to delete them.
  • Put access controls in place to protect candidate data.
  • Create a safe process for disposing of records after three years.
  • Train HR and hiring managers on the new ESA retention rules.

FAQS

1. What are the Ontario New Record Retention Rules?

In Ontario, employers with 25 or more employees must keep job postings, candidate applications, and communications after interviews for at least three years after a job posting closes.

2. Why is record retention important for employers?

Keeping records helps employers follow the law, protects them during audits, and promotes transparency in hiring. 

3. What types of documents must be kept on file?

Employers need to keep all job postings, application forms, and communication records (like interview feedback and outcome notifications) for three years after the job posting closes.

4. How can small businesses prepare, even if they’re not yet required to comply?

Small businesses can prepare by setting up digital filing systems, controlling access to documents, and creating clear timelines for keeping records.

5. How can TROIS Collective help my business adapt to new record retention rules in Ontario?

We assess your current processes and design documentation systems that meet the new requirements. 

We also recommend HR software solutions and train your staff to manage data securely and efficiently.

In Summary

Starting January 1, 2026, Ontario’s new record retention rules require employers with 25 or more employees to keep job postings, applications, and candidate communications for three years. 

These rules help employers follow the law, promote transparency, and reduce risks, allowing Ontario employers to create fair and consistent hiring practices.

To improve your compliance, contact TROIS Collective.

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