As of April 11, 2022, the Employment Standards Act, 2000 (Ontario) (“ESA”) was amended to require employers to implement an electronic monitoring policy as of October 11, 2022. See our blog here for a discussion of this statutory amendment.
On July 13, 2022, the Government of Ontario updated its Guide to the Employment Standards Act, 2000 (“Guide”) to include guidance for employers on electronic monitoring policies. As with the Government’s prior legislative policy requirement with respect to disconnection from work (see our blog here), employers have been hopeful that this guidance would provide some practical insight into the scope of the electronic monitoring policy requirement.
As a reference point, the Guide describes “electronic monitoring” as including all forms of employee and assignment monitoring that is done electronically.
While the Guide does not provide an exhaustive list of what is considered to be “electronic monitoring”, leaving that somewhat in the hands of employers to determine, it does provide some examples including the use of a Global Positioning System (“GPS”) to track the movement of an employee’s delivery vehicle, use of electronic sensors to track how quickly employees scan items at a grocery store check-out, and tracking the websites employees visit during work hours.
As a key point, the Guide clarifies and confirms that the ESA does not establish a right to not to be electronically monitored and it does not create any new privacy rights for...
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