This written policy requiresemployers to disclose to employees if they are being electronically monitored.
On April 11, 2022, Bill 88, Working for Workers Act, was enacted. This bill added new provisions to the Employment Standards Act, 2000 (ESA). One of them requires Ontario businesses with 25 or more employees to have a written employee Electronic Monitoring Policy for their workplace by October 11, 2022.
Electronic monitoring includes all forms of employee monitoring that are done electronically during working hours. Example: tracking employee movements through access cards and GPS devices on delivery vehicles, and tracking employee website visits, emails, and online chats.
If your employees are monitored, the policy must include the following:
- A statement that your business electronically monitors employees.
- A description of how and in what circumstances your business may electronically monitor employees.
- The purposes for which the information obtained through electronic monitoring may be used by your business.
- The date the policy was prepared.
- The date any changes were made to the policy.
- Any other information as prescribed
Employers must provide a copy to all employees within 30 days from October 11, 2022, or earlier, or within 30 days after any changes are made to the policy, and retain a written copy of this policy for three (3) years.
Starting in 2023, employers with 25 or more employees in Ontario on January 1 of any year must have the policy in place before March 1 of that year.
If you don’t have the policy in place, your company could be fined for non-compliance (e.g., $250 for the first contravention, multiplied by the number of employees affected).
Do I still need the policy if I don’t electronically monitor 25+ employees?
Yes. In this case, the policy must specifically state that your business does not electronically monitor employees.
Your policy could change in the future and when you decide to use electronic monitoring, reasonable notice needs to be provided to all staff.
