Beginning in 2023, and in the years that follow, employers that employ 25 or more employees in Ontario on January 1 of any year must have a written policy on the electronic monitoring of employees in place before March 1 of that year.
Employers that employ 25 or more employees on January 1 of any year are required to have a written policy on the electronic monitoring of employees in place.
The policy must state whether or not the employer electronically monitors employees. If the employer does, the policy must include:
- a description of how and in what circumstances the employer may electronically monitor employees
- the purposes for which the information obtained through electronic monitoring may be used by the employer
- the date the policy was prepared
- the date any changes were made to the policy
An employer must, within the specified timeframes, provide a copy of the written policy to all of its employees and to all assignment employees who are assigned to perform work for that employer.
These requirements were added to the Employment Standards Act, 2000 (ESA) on April 11, 2022. There is a special rule that applies in the first year of the requirement. Employers that employ 25 or more employees on January 1, 2022 had until October 11, 2022 to have a written policy on the electronic monitoring of employees in place.
The Ontario government has published guidelines for these requirements. View guidelines. For more information, contact Ontario Government Relations Director Sebastian Prins at firstname.lastname@example.org.