New Legislation Introduced Requiring Employers to Disclose Employee Monitoring

On February 24, 2022, Ontario announced that it will introduce legislation requiring employers to tell their workers if and how they are being monitored electronically. Days later, on February 28, the legislation was officially introduced.

This legislation intends to amend parts of Bill 88, Working for Workers Act. If passed, Ontario would become the first province to require electronic monitoring policies and protect workers’ privacy by requiring employers to be open about GPS systems, use of employees’ computers, and other electronic workplace devices.

The proposed changes indicate that employers with 25 or more workers would be required to put in place an electronic monitoring policy for all employees. The policy would need to contain information on whether the employer electronically monitors its workers, and if so, how and in what circumstances this monitoring is being done. The employer would also need to disclose the purpose of collecting information through electronic monitoring. This new requirement would, if passed, apply to employees working in the workplace, in the field, or at home.

PooranLaw will monitor developments related to this newly introduced legislation and provide updates when further information becomes available. Until then please contact your regular PooranLaw lawyer for assistance with developing new policies and compliance obligations.

Note: This article provides general information only and does not constitute, and should not be relied upon as, legal advice or opinion. PooranLaw Professional Corporation holds the copyright to this article and the article and its contents may not be copied or reproduced in any form, in whole or in part, without the express permission of PooranLaw Professional Corporation.