As discussed in our March 2022 newsletter, and April 2022 newsletter, Bill 88, Working for Workers Act, 2022, was put forth amending the Ontario Employment Standards Act, 2000, requiring employers with 25 or more employees to have a written policy on the electronic monitoring of employees. This Bill was passed and therefore required employers must set up a policy and distribute to their employees.

The policy must include information regarding whether an employer electronically monitors its employees and if so, (a) a description of how and in what circumstances the employer may electronically monitor employees, and (b) the purposes for which the employer may use information obtained through electronic monitoring of its employees. The policy, as well as any amendments, must be dated and provided to employees within 30 days of October 11, 2022. This means, if your organization is required to have an electronic monitoring policy, your employees must be provided with a copy by November 10, 2022.

As of January 2023, employers with 25 or more employees must have a policy in place by March 1, 2023. For new employees, employers should provide the policy within 30 days from the employee’s start date.

The lawyers at Heeney Vokey LLP would be happy to draft a policy tailored to your organization.