Changes to Employment Standards Act – Written Policy on Electronic Monitoring of Employees

Employers that employ 25 or more employees have until October 11, 2022 to create a written policy on the electronic monitoring of employees. Beginning in 2023, employers that employ 25 or more employees of January 1st of any given year must have a written policy on the electronic monitoring of employees in place before March 1st of that year.

The policy must state whether or not the employer electronically monitors employees. If the employer does, the policy must include:

  • a description of how and in what circumstances the employer may electronically monitor employees
  • the purposes for which the information obtained through electronic monitoring may be used by the employer
  • the date the policy was prepared
  • the date any changes were made to the policy

Employers must provide a copy of the written policy to all of its employees.

The employer must count the individual number of employees. Part-time employees and casual employees each count as one employee, regardless of the number of hours they work. Where an employer has multiple locations, all employees employed at each location in Ontario must be included when determining whether the 25 employee threshold has been met.

For example, a lodge owner owns three different lodges which have 12 employees per location. This employer technically employs 36 employees. The employer must have a written policy in place for all employees on the electronic monitoring of employees, even though there are fewer than 25 employees employed at each individual location.

For more information, please click here.