AI monitoring: the legal risks Canadian HR leaders can't ignore - hcamag.com
Canadian employers are deploying AI-powered monitoring tools faster than laws can keep up, but employers can close the gap: Employment Law Masterclass speaker
Canadian workplaces are deploying artificial intelligence (AI) monitoring and productivity tools at a pace that far outstrips the legal frameworks designed to govern them. For human resources (HR) leaders, that gap creates direct exposure around privacy, psychological safety, and wrongful dismissal claims. Lisa Stam, Managing Partner at Spring Law in Toronto, is bringing that message to the HRD Canada Employment Law Masterclass on Sept. 29, where her session, "Under the Microscope – AI Monitoring, Productivity Pressure and Employee Risk," puts the issue squarely on the table.
"Employment law is moving so quickly right now," says Stam. "Since 2020 and Covid, the case law has moved way faster than it did in the first 20 years of my practice – and then you throw in AI, and everything is shifting upside down."
The AI regulatory gap in Canada
The central challenge for Canadian employers is that there’s no comprehensive AI legislation in force yet, according to Stam. Ontario's Working for Workers Act, 2022 (Bill 88) requires employers with 25 or more employees to disclose whether and how they electronically monitor staff – making it the only province with that explicit statutory obligation. British Columbia's Personal Information Protection Act (PIPA) extends privacy obligations to private sector employers, but for most of...
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