Ontario employers who employ 25 or more employees on January 1 of any year are required to have a written policy on the electronic monitoring of employees. 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, and the dates the policy was prepared and any changes were made to it. The requirements apply to all employees and employers covered by the Employment Standards Act, 2000, except the Crown and certain agencies and organizations.
1. Employers with 25 or More Employees Must Have a Written Policy
Ontario employers with 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. This includes part-time and casual employees, regardless of the number of hours they work.
2. The Policy Must Include Specific Information
The written policy must include a description of how and in what circumstances the employer may electronically monitor employees, as well as the purposes for which the information obtained through electronic monitoring may be used. The policy must also include the date it was prepared and any changes that were made to it.
3. The Policy Must be Provided to Employees
Employers must provide a copy of the written policy to all of their employees, as well as to all assignment employees who are assigned to work for the employer.
4. Special Rule for the First Year of the Requirement
Employers with 25 or more employees on January 1, 2022 have until October 11, 2022 to have a written policy on the electronic monitoring of employees in place. Beginning in 2023, employers must have the policy in place by March 1 of each year.
5. The Requirement Applies to All Employees and Employers Covered by the ESA
The written policy requirement applies to all employees and employers covered by the Employment Standards Act, 2000, except the Crown and certain agencies and organizations.
6. Multiple Locations and Related Employers are Included in the Count
When determining whether the 25 employee threshold has been met, all employees employed at each location in Ontario must be counted. This includes employees of related employers who are treated as one employer under the ESA.
7. The ESA Requirements do not Establish a Right for Employees Not to be Monitored
The requirements relating to written policies on the electronic monitoring of employees do not establish a right for employees not to be monitored by their employer. The requirements are limited to requiring employers to be transparent about whether they electronically monitor employees and, if they do, to describe how and in what circumstances the monitoring occurs and to set out the purposes for which the information obtained may be used.
In conclusion, Ontario employers with 25 or more employees are required to have a written policy on the electronic monitoring of employees in place. The policy must include specific information, and employers must provide a copy of the policy to their employees. The requirements apply to all employees and employers covered by the Employment Standards Act, 2000, except the Crown and certain agencies and organizations.
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