Ontario introduces electronic monitoring legislation

Éloïse Gratton March 3, 2022

On February 28, Ontario issued Bill 88, the Working for Workers Act, 2022, a first of its kind workplace electronic monitoring legislation requiring Ontario employers to give notice of “electronic monitoring.”

Bill 88, will bring a new part to the Employment Standards Act, 2000 (the ESA) titled “Written Policy on Electronic Monitoring.”

The ESA will require all employers with 25 or more employees to create and publish an electronic monitoring policy within six months after Bill 88 receives Royal Assent. The proposed policy must identify whether an employer electronically monitors employees and, if so, provide:

  • a description of how and in what circumstances the employer may electronically monitor employees, and
  • the purposes for which information obtained through electronic monitoring may be used by the employer.

You can read our article on this topic (authored by Daniel J. Michaluk and Shane Morganstein)

This content has been updated on April 4, 2022 at 20 h 34 min.