Subscribe to our newsletters
Electronic Employee Monitoring in Ontario: Is It Legal?
Electronic monitoring by Ontario employers is legal. Your employer can track your emails, monitor your computer activity, record your keystrokes, and use GPS to track your location during working hours. But the law requires them to tell you. Ontario's transparency requirements around electronic monitoring give employees the right to know what monitoring is taking place and where monitoring goes beyond what was disclosed, or becomes so invasive it fundamentally changes your employment, there may be legal consequences.
Introduced under the Working for Workers Act, 2022, this requirement applies to employers who had 25 or more employees on January 1 of any year. The policy must disclose whether monitoring occurs, what types of monitoring are used, the purposes of the monitoring, and when the policy was prepared or updated. Ontario law focuses on transparency, not prohibition.
Has your employer never provided you with an electronic monitoring policy, or is monitoring in your workplace excessive, covert, or connected to a disciplinary outcome?
Where monitoring was not properly disclosed, is discriminatory, or is so invasive that it has fundamentally changed your employment, you may have a legal claim. Get advice to understand your options.
Call: 1-800-771-7882 Speak With an Employment LawyerYour rights as an employee regarding electronic monitoring
Right to be informed
Where your employer has 25 or more employees, you are entitled to receive a written copy of their electronic monitoring policy within 30 days of it being prepared and within 30 days of your start date. If you have never received a policy, ask for one in writing and keep a record of the request and any response.
Right to know what is being monitored
The policy must disclose whether monitoring is occurring, what types of monitoring are used, and the purposes. You are entitled to understand what data is being collected about you and why. Covert monitoring that was never disclosed raises serious compliance and legal issues.
Right to raise concerns about excessive monitoring
Monitoring that is disproportionate, discriminatory, or directed at you in a way that differs from how other employees are monitored may give rise to a complaint or legal claim. Where monitoring is connected to a protected ground under Ontario's Human Rights Code, it may constitute discrimination.
Right to challenge monitoring that changes your employment
In extreme cases, monitoring that is so pervasive and invasive that it fundamentally alters the nature of your employment may support a constructive dismissal claim. The standard for this is high but has been recognized by Ontario courts in situations where surveillance crossed into intolerable working conditions.
What the electronic monitoring policy must include
When monitoring may become a legal issue
What to do if you are concerned about monitoring in your workplace
Request a copy of the policy in writing
If you have never received an electronic monitoring policy and your employer has 25 or more employees, request one in writing. Keep a record of your request and any response. The absence of a policy where one is required is an ESA compliance failure.
Review what was disclosed against what is occurring
Compare the monitoring described in the policy against what you believe is actually occurring in your workplace. Where undisclosed monitoring has taken place or where the scope of monitoring significantly exceeds what was disclosed, document this carefully.
Raise concerns internally if appropriate
Where the monitoring appears excessive, discriminatory, or undisclosed, consider raising the concern through HR or a formal internal complaint process. Put the concern in writing and keep a copy. An unanswered or dismissed internal complaint is relevant evidence if you later need to escalate.
Get legal advice if you were disciplined or are concerned about your employment
Where monitoring has led to discipline, termination, or a change in your employment situation, get legal advice promptly. The manner in which monitoring was conducted and disclosed is relevant to the strength of your position. A lawyer can assess whether the monitoring was lawful and whether your employment rights have been affected.
Were you disciplined or terminated based on monitoring you were never told about, or is monitoring in your workplace excessive or discriminatory?
Where monitoring was not properly disclosed or has affected your employment, you may have a legal claim. Get advice before accepting any outcome or signing anything.
Get Legal Advice Or call us: 1-800-771-7882Frequently asked questions about electronic monitoring in Ontario
Can my employer monitor my emails and computer activity in Ontario?
Yes, if they have disclosed it through a written electronic monitoring policy. Ontario law permits electronic monitoring but requires employers with 25 or more employees to have a written policy disclosing whether monitoring occurs, what types are used, and for what purposes. Monitoring that occurs without disclosure raises compliance and legal issues.
Can my employer monitor me without telling me in Ontario?
Not if they have 25 or more employees. The Working for Workers Act, 2022 requires these employers to maintain a written electronic monitoring policy and provide employees with a copy. Covert monitoring that was never disclosed is a compliance failure under the Employment Standards Act, 2000 and may also raise broader privacy and employment law issues depending on the circumstances.
Does Ontario's monitoring law apply to remote workers?
Yes. The electronic monitoring policy requirement applies equally to remote and hybrid employees. Your employer can monitor login times, software usage, internet activity, and potentially location tracking even when you are working from home but they must disclose this in their written policy. The same disclosure requirements apply regardless of where you perform your work.
What can I do if my employer does not have a monitoring policy?
Where your employer has 25 or more employees and has not provided a written electronic monitoring policy, you can file a complaint with Ontario's Ministry of Labour. You can also request a copy of the policy directly in writing. The absence of a required policy is a violation of the Employment Standards Act, 2000 and your employer is obligated to remedy it.
Can excessive monitoring be grounds for constructive dismissal in Ontario?
In extreme cases, yes. Where monitoring is so pervasive and invasive that it fundamentally alters the nature of the employment relationship and makes continued employment intolerable for a reasonable person, it may support a constructive dismissal claim. The standard is high and the circumstances must be genuinely extreme. Get legal advice to assess whether your specific situation meets the threshold.
Can monitoring be discriminatory in Ontario?
Yes. Where monitoring is directed at you in a way that is connected to a protected ground under Ontario's Human Rights Code for example, tracking your location in a way that specifically penalizes medical appointments or family obligations it may constitute discrimination. Monitoring applied inconsistently across employees in a way that disproportionately affects a protected group can also raise human rights concerns.
Questions about electronic monitoring or your employment rights in Ontario?
If you were disciplined or terminated based on monitoring you were not told about, or if workplace monitoring is affecting your employment situation, our team can help. We advise employees across Ontario on employment disputes and workplace rights. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
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. ©