With the rise of remote work and digital technology, electronic monitoring in the workplace has become increasingly common. In response, Ontario introduced new requirements for transparency regarding workplace surveillance. Under the Employment Standards Act, 2000 (ESA), employers with 25 or more employees must implement a written electronic monitoring policy to inform employees about how and when they are monitored. This blog explores what these policies must include, key compliance considerations, and best practices for employers.
What Is Electronic Monitoring?
Electronic monitoring refers to any method used by employers to track employee activities or performance through electronic means. Common methods include:
- GPS tracking on company vehicles or mobile devices
- Monitoring emails, messages, or online activity
- Biometric scanning and keycard access logs
- Video surveillance in the workplace
- Time-tracking or productivity monitoring software
While these methods may serve legitimate business purposes, Ontario law requires employers to disclose their use to employees.
Ontario’s Legal Requirements
As of October 11, 2022, employers in Ontario with 25 or more employees must have a written electronic monitoring policy that includes:
- A statement on whether electronic monitoring is used.
- A description of how and in what circumstances monitoring occurs.
- The purposes for which information obtained through monitoring may be used.
- The date the policy was created and any updates.
- A requirement to provide employees with a copy of the policy within 30 days of implementation or any changes.
Compliance Considerations for Employers
To comply with the law, employers should:
- Assess current monitoring practices to determine their necessity and scope.
- Develop a policy that is clear, transparent, and aligned with business needs.
- Communicate the policy effectively to employees and address any concerns.
- Regularly review and update the policy to reflect any changes in monitoring practices or legal requirements.
Best Practices for Employers
Beyond compliance, employers should take a balanced approach that considers both business interests and employee privacy. Best practices include:
- Limiting monitoring to what is necessary for business and security purposes.
- Ensuring transparency by clearly communicating monitoring practices.
- Using data responsibly to avoid excessive surveillance and safeguard employee privacy.
- Encouraging feedback so employees can express concerns and ask questions about monitoring policies.
Electronic monitoring policies help create a balance between workplace oversight and employee privacy. By complying with Ontario’s legal requirements and following best practices, employers can promote a transparent and respectful work environment. Regular reviews and open communication are key to maintaining an effective policy that meets both business and legal needs.
