Ontario Requiring Employers to Disclose Electronic Monitoring

Published on February 24, 2022

Ontario Requiring Employers to Disclose Electronic Monitoring

The Ontario government is working for workers and plans to introduce new legislation later this month that would require employers to tell their workers if and how they are being monitored electronically. 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.

Under the proposed changes, employers with 25 or more workers will be required to have a written electronic monitoring policy in place for all their employees. The policy would need to contain information on whether the employer electronically monitors its workers, and if so, a description of how and in what circumstances the employer does this. In addition, the employer would need to disclose the purpose of collecting information through electronic monitoring.

This proposal, and others to be unveiled in the coming days, follow legislation introduced in the fall to remove unfair and discriminatory barriers against foreign-trained professionals, create the “Right to Disconnect”, and ban the use of non-compete clauses, all designed to make Ontario the best place to live, work, and raise a family.