Ontario will Require Employers to Disclose Electronic Monitoring in the Workplace

Over the past few months, the provincial government has introduced several legislative changes that impact upon the workplace and require employers to meet new requirements.

These changes, which we have written about elsewhere, include:

1. A requirement for employers (with at least 25 staff) to create and implement a “disconnecting from work” policy by no later than June 2, 2022;

2. A ban on the use of employee non-competition requirements (with limited exclusions applicable to certain executives and in the context of a sale of business); and

3. A minimum wage increase (effective as of January 1, 2022) to $15.00 per hour, and the elimination of the former “liquor server minimum wage rate.”

On February 24, 2022, the province announced that it will be introducing legislation that would require employers to tell their workers if and how they are being monitored electronically. In the associated press release, the government noted that “if passed, Ontario would become the first province to require electronic monitoring policies and protect workers’ privacy by requiring employers be transparent on how employees’ use of computers, cell phones, GPS systems and other electronic devices are being tracked.” 

While the legislation has yet to be passed, and we are likely to learn more about specific requirements in the coming days, the province has indicated that that:

1. Employers with 25 or more workers will be required to have a written monitoring policy in place.

2. The policy will need to:

   • Contain information on whether the employer electronically monitors its workers; and

   • If so, describe how and in what circumstances this is done.

3. Affected employers will need to disclose its purpose for collecting information through electronic monitoring.

Ontario employers that electronically monitor their staff may already have policies in place to address how, when, and why employees may be tracked. As such, assuming this proposal becomes law, a first step will be to assess whether existing policies already meet these new legislative requirements. If so, there may be little practical impact. If not, policies should then be revised and communicated to all staff.

Ontario employers that have yet to introduce such a policy, but nonetheless employ electronic monitoring (whether via GPS in vehicles, computer programs for remote-working staff, or otherwise), will want to monitor this proposal carefully and be prepared to implement, and communicate, the requisite policy. In advance, employers may also want to review their use of electronic monitoring technology and assess whether it meets a legitimate business purpose. If there are concerns in this regard, it may be prudent to consider alternate options to further the intended operational need.

Vey Willetts LLP is an Ottawa-based employment and labour law boutique that provides timely and cost-effective legal advice to help employees and employers resolve workplace issues in the National Capital Region and across Ontario. To speak with an employment lawyer, contact us at: 613-238-4430 or info@vwlawyers.ca