Bill 88 has been receiving a lot of media attention for the aspects related to digital platform workers and the proposed creation of the Digital Platform Workers’ Rights Act, 2022. While this will impact many workers, it will not have an impact on most employers. Employers do need to pay attention to other aspects of the Bill, which propose new changes to the Ontario Employment Standards Act, 2000. Chief among these is a new requirement for employers with 25 employees or more to have a written policy with respect to electronic monitoring of employees.

Electronic Monitoring of Employees

If passed, Bill 88 will require that employers who employ 25 employees or more, on January 1 of any given year, have a written policy with respect to the electronic monitoring of employees. The wording of the Bill suggests that even employers who do not electronically monitor employees will be required to have a written policy, provided they employ 25 employees or more on January 1 of any given year.

While a policy is required, the purpose is to let employees know they are being monitored, versus to restrict what an employer might do with that monitoring information.

What Will the Policy Require?

The Policy will be required to contain the following information:

1. Whether the employer electronically monitors employees and if so,
   1. a description of how and in what circumstances the employer may electronically monitor employees, and
   2. the purposes for which information obtained through electronic...

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