Electronic Monitoring: What Employers Need to Know about Developing a Written Policy

On July 13, 2022, the Government of Ontario released a chapter in its manual to the Employment Expectations Act (“ESA”) on the recently legislated need for employers to create a written coverage on digital monitoring. “Electronic monitoring” involves all types of worker checking that is finished electronically. The intent of this new requirement is for businesses to be clear about no matter if they electronically observe workers by describing how and in what conditions they watch and by stating the uses for which the facts attained may well be used.

Beneath we have summarized the demands and important contents of the digital checking coverage and have presented crucial takeaways.


Due to the fact coming into force on April 11, 2022, employers who electronically watch its employees and used 25 or a lot more staff in Ontario on January 1, 2022 ought to carry out a prepared electronic monitoring plan by October 11, 2022. Starting in 2023, companies with 25 or much more employees on January 1 of any calendar year will have to have a published policy in place before March 1 of that 12 months.

When figuring out how several workers an employer has on January 1 of any 12 months, it should involve section-time and informal staff members, not just entire-time employees. The number of workers will have to also include personnel from all of the employer’s places in Ontario. Assignment staff of temporary support businesses are workforce of the agency, not of the agency’s consumers.

If, on January 1 of a specified year, an employer does not meet up with the 25 employee threshold, this will be assumed for the remaining calendar calendar year, even if the worker rely boosts at a later level that yr. This suggests that the ESA requirement for a written policy on digital checking will not apply.

If, on January 1 of a offered calendar year, an employer employs 25 or additional workers, then the ESA need will implement for the remaining calendar calendar year, even if the employee rely decreases at a later stage that year.


An employer’s created policy on digital monitoring of staff is not demanded to be the exact for all of its workers, as very long as it contains the pursuing information and facts:

  1. A statement as to regardless of whether the employer engages in electronic checking of staff.
  2. In which the employer does electronically monitor workers, the policy must also comprise the next data:
    • A description of how the employer could electronically monitor workforce.
    • A description of the situations in which the employer may perhaps electronically keep an eye on staff.
    • The functions for which facts attained via electronic checking might be used by the employer.
  3. The date the plan was geared up and the day any modifications ended up built to the coverage.

An employer’s penned policy should be supplied to all workers within just 30 calendar days of the day the employer is necessary to have the plan in put or the working day the current plan is being altered. Companies may well supply the coverage to staff members as a printed copy as an attachment to an e mail if the employee can print a copy or as a backlink to the document online if the employee has a fair option to obtain the document and a printer.

Crucial Takeaways

Whilst an employer’s penned coverage have to include the needs for which it may possibly use information and facts acquired via electronic monitoring, the ESA does not restrict the employer’s use of the information to the stated reasons.

A complaint can only be built by an staff to the ministry, or be investigated by an work benchmarks officer, where there is an alleged contravention of the employer’s obligation to present a copy of the penned plan within just the required timeframe to its staff. This ESA need does not set up a correct for staff members not to be electronically monitored by their employer, nor does it build any new privacy rights for staff members.

For 2022, businesses engaged in digital checking and meeting the 25 employee threshold on January 1, 2022 should begin establishing their plan before the Oct 11, 2022 deadline. Thereafter, on January 1 of any 12 months, the created policy should be implemented by March 1 of that yr. The plan will have to include all of the expected information mentioned previously mentioned and ought to be shipped to all staff members in the acceptable structure and inside of the necessary timeframe. A duplicate of every created policy ought to be retained for three yrs following the policy is no more time in outcome.

Lots of many thanks to Eloise Somera for her help with this blog.

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