Earlier this year, Ontario became the first Canadian jurisdiction to pass a law requiring certain employers to disclose whether and how they electronically monitor employees.

Under the new law, provincially regulated employers with 25 or more employees in Ontario, as of January 1, 2022, (or as of January 1 of any subsequent year) must implement a written policy about electronic monitoring.

What information must be included in the electronic monitoring policy?

The new electronic monitoring policy must include the following information:

• Whether employees are electronically monitored by the employer;
• If the employer does engage in electronic monitoring, the policy must describe how and in what circumstances the employer may electronically monitor employees;
• The purpose for which information obtained through the electronic monitoring process may be used by the employer; and
• The date on which the policy was prepared, as well as the date(s) of any amendments to the policy.

Employers must give employees a copy of the policy within 30 days of preparing the policy or making any amendments to the policy. Similarly, employers must provide a copy of the policy to any new hires within 30 days of their hire date, or 30 days from the date on which the policy is implemented, whichever is later.

Employers are required to retain a copy of every written policy on electronic monitoring required by the employment standards regime for three years after the policy is no longer in effect.

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