Ontario’s New Employee Electronic Monitoring Policy

1. To whom does this policy apply?

Effect of decrease and increase in employees

• If the number of employees goes below 25, then the policy will continue to stay in effect till January 1 next year.
• If the number of employees goes above 25, then the policy will not come into effect till January 1 next year.

Employees covered

• All employees in Ontario
• Assignment employees
• Employees exempt under ESA Act ( Only included to count, the actual policy doesn’t apply to them)

Employees Exempted

• The Crown, is an agency of the crown or a corporation, commission, board, and authority, consisting of members appointed by the Crown or by their employees.

Other points

• Employers can have different types of monitoring policies for different employees. (for example; one type for sales staff and another for managerial staff)

2. Employers need to report the following:

1. Stating whether electronic monitoring of employees is carried out by the employer
   • Examples include stating:
     • Whether GPS is used to track the location of employees
     • Whether the website visited by employees are tracked or not
   • Must also state whether monitoring is done while Working From Home
   • If no electronic monitoring is used, then that should also be mentioned


2. Disclosing Information:
   If the employer electronically monitors employees, then the following information must be disclosed:
   • How monitoring takes place
   • When the monitoring takes place
   • How the monitored information is used


3. Date of Policy preparation and date of Alteration of Policy

3. When is it taking effect?

4. Why is this policy put in place?