Electronic Monitoring Policy in Ontario
18Jul

Understanding Electronic Monitoring Ontario

As technology continues to shape modern workplaces, electronic monitoring has become increasingly common. Many Ontario workplaces now use tools to track productivity, ensure compliance with policies, and protect business assets. However, both employers and employees need to understand the legal framework that governs electronic monitoring in Ontario.

This blog explains what electronic monitoring is, outlines Ontario employers’ obligations, and provides guidance for employees.

What Is Electronic Monitoring?

Electronic monitoring means using technology to observe or record employee activities.

Common examples include:

  • Monitoring email and internet usage
  • GPS tracking on devices or vehicles
  • Video surveillance in workspaces
  • Logging keystrokes or screen activity
  • Monitoring phone calls or workplace communication tools

These measures can be used for legitimate purposes such as safety, security, or productivity. However, they must be done in a way that respects employees’ legal rights, particularly the right to transparency and a reasonable expectation of privacy in certain circumstances.

Ontario’s Legal Framework

Working for Workers Act, 2022 under the Working for Workers Act, 2022, employers in Ontario with 25 or more employees on January 1 of a calendar year must have a written electronic monitoring policy in place by March 1 of that year.

This requirement is part of the Employment Standards Act, 2000 (ESA).
Employers with fewer than 25 employees are not legally required to have a policy, but many choose to adopt one to promote clarity and trust.

What Must Be Included in an Electronic Monitoring Policy?

A compliant policy must clearly state:

  • Whether electronic monitoring is taking place
  • How and in what circumstances is monitoring conducted
  • The purposes of monitoring
  • The date the policy was prepared and any updated versions
  • The date each version was provided to employees

Important: The law does not prohibit monitoring. Instead, it requires that employees be informed about it.

Additional ESA Requirements

To comply with Ontario law, employers must also:

  • Count all employees in Ontario, including part-time and remote staff, to determine if the 25‑employee threshold applies.
  • Provide employees with a copy of the policy within the required timelines and when updates are made.
  • Retain a copy of every version of the policy for three years after it is no longer in effect.
  • Review the policy annually if the 25‑employee threshold is still met.

The Ministry of Labour can enforce whether a compliant policy exists and has been shared with employees, but it does not have the authority to review or approve the content of monitoring practices.

Why Employers Use Electronic Monitoring

Employers may implement electronic monitoring for legitimate purposes such as:

  • Preventing theft or misconduct
  • Ensuring productivity and accountability
  • Protecting sensitive information
  • Meeting regulatory or legal obligations
  • Supporting workplace investigations

The use of monitoring tools should be proportionate, transparent, and consistent with employee rights.

Employee Rights

Employees in Ontario have the right to:

  • Be informed if they are being monitored
  • Understand what data is being collected and why
  • Be notified when policies change

While employees do not have an absolute right to privacy at work, they are entitled to reasonable expectations, particularly in areas not directly related to performance or security. If employees believe monitoring is excessive or unfair, they can seek advice from an employment lawyer.

Privacy and Other Legislation

Ontario does not currently have a general private‑sector privacy statute like some other provinces, but employers must still handle personal information in line with federal legislation such as the Personal Information Protection and Electronic Documents Act (PIPEDA), where applicable, and any common law privacy obligations.

Risks of Improper Monitoring

Improper or unclear monitoring practices can lead to:

  • Workplace disputes or grievances
  • Reduced morale and trust
  • Claims of constructive dismissal if monitoring fundamentally alters employment terms
  • Reputational or legal consequences for the employer

Failing to comply with disclosure requirements under Ontario law can result in complaints or Ministry orders.

Best Practices for Employers

Employers should:

  • Develop a clear written policy that meets the ESA requirements
  • Communicate monitoring practices openly with employees
  • Train managers and supervisors on appropriate use
  • Review policies and practices regularly
  • Document monitoring activities and updates properly

Guidance for Employees

If you are concerned about electronic monitoring in your workplace:

  • Review your employer’s electronic monitoring policy
  • Ask questions if anything is unclear or undisclosed
  • Keep notes about excessive or unexpected monitoring
  • Seek advice from an employment lawyer if you believe your rights have been violated

How an Employment Lawyer Can Help

Whether you are an employer seeking compliance or an employee looking for clarity, legal guidance can help you understand your rights and obligations. A lawyer can:

  • Draft or review an electronic monitoring policy
  • Provide advice on best practices
  • Assist with workplace disputes or investigations
  • Represent you in claims involving privacy or ESA issues

Contact Achkar Law

At Achkar Law, our lawyers serve both employers and employees across Ontario. Whether you need to implement a monitoring policy or address concerns about workplace surveillance, we can help.

Contact us today to discuss your rights and obligations regarding electronic monitoring in the workplace.

Contact us by phone toll-free at 1-800-771-7882 or email us at [email protected].

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©

Workplace Law Topics: Filing a Ministry of Labour Claim, Responding to a Ministry of Labour Complaint