Have you prepared your Electronic Monitoring policy?

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New policy came into effect on Oct. 11, 2022 

On April 11, 2022 the Provincial Government of Ontario passed Bill 88, Working for Workers Act, 2022 (Working for Workers Act 2). Bill 88 includes the DIGITAL PLATFORM WORKERS’ RIGHTS ACT, 2022 as well as a requirement for employers who employee 25 or more employees to “have a written policy with respect to electronic monitoring of employees.”

According to Bill 88, required information on the written policy includes:

The written policy with respect to electronic monitoring must contain the following information:

   1.  Whether the employer electronically monitors employees and if so,

  • 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.

   2.  The date the policy was prepared and the date any changes were made to the policy.

   3.  Such other information as may be prescribed.

If you have 25 or more employees but don’t monitor them in anyway, you still need to prepare a policy stating this to your employees.

Some things to consider

The written policy should explain which devices an employer is monitoring – be it computers, cellphones or GPS devices and to what extent. It should also consider how often and under what circumstances the company monitors it’s employees – for example is it only during the regular work day, or, is it constant if the employee is using a work device like a cellphone or tablet? Another consideration is the purpose of the monitoring – is it for safety reasons, is it for quality control, compliance or security?

Changes during the year

If your organization requires any changes or additions, it must notify employees within 30 days of the change. New employees need to be notified of the policy within 30 days or their start date. Employees that change roles into a monitored position also need to be notified within 30 days of their change. 

Key dates:

April 11, 2022 – Bill 88 was passed

October 11, 2022 – First written policy with respect to the electronic monitoring of employees should be in place

Every year going forward:

January 1 of each year – As of this date, employers with 25 or more employees are obligated to prepare the written policy

March 1 of each year – The deadline to have the written policy in place

Full details of the bill can be found here: https://www.ola.org/en/legislative-business/bills/parliament-42/session-2/bill-88

Frequently Asked Questions, details and a sample policy from The Canadian Federation of Independent Business can be found here: https://www.cfib-fcei.ca/en/tools-resources/ontario-employee-electronic-monitoring-policy

Need help with your Information Technology, cybersecurity or data management? Contact us at interface.ca/contact-us/ or by calling 416-363-9880.

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