Ontario’s New Employee Electronic Monitoring Policy

1. To whom does this policy apply?

This requirement is mandatory only for employers with 25 (employees in various locations in Ontario should also be counted) or more employees in Ontario as calculated on 1st January every year.

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?

For the first year, a specific regulation is in effect. A documented policy on the electronic monitoring of workers must be in place by October 11, 2022, for employers with 25 or more employees on January 1, 2022.

Employers with 25 or more workers on January 1 of any year, starting in 2023, must have a documented policy on the electronic monitoring of employees in place by March 1 of that year.

4. Why is this policy put in place?

The law was passed at a time when remote work increased dramatically due to COVID-19. In essence, it’s all about maintaining employers’ integrity and openness and fostering a channel of communication between employees and employers.