On April 11, 2022, Bill 88, Working for Workers Act, was passed into law. This bill added new provisions to the Employment Standards Act, 2000 (ESA). Included in the amendments is a provision that requires employers with 25 or more employees to draft an Electronic Monitoring Policy by October 11, 2022, even if they do not engage in any monitoring.

This written policy requires employers to disclose to employees if they are being electronically monitored.  Electronic monitoring would include any form of employee monitoring that is done through electronic means and would include tracking of employee use of company issued laptops, cellphones, and emails, as well as access card tracking, GPS devices on company vehicles, and webcams in the workplace.  The key is transparency over any kind of monitoring an employer uses.

If employees are monitored, the policy must include details about the manner in which employees are being electronically monitored and the circumstances that merit monitoring; the purpose for the data and information obtained from monitoring, and how the employer will use this data.  The electronic monitoring policy must also include the date on which it was prepared, the dates of any changes that are made, and any other information as prescribed by law (as of the date of this article, there is nothing prescribed).

Employers must provide a copy to all employees within 30 days from October 11, 2022, or earlier, or within 30 days after any changes are made to the policy and retain a written copy of this policy for three (3) years.