Electronic Monitoring of Employees in Ontario: Transparency is Not a Choice

Technology has made it easier than ever to monitor how work gets done. With the rise of hybrid and remote work, digital productivity tools, and AI‑enabled systems, workplace monitoring has become a key compliance issue for Ontario employers.  

Ontario does not have a single, comprehensive statute governing employee privacy in the workplace. However, under the Employment Standards Act, 2000 (“ESA”), employers with 25 or more employees in Ontario must have a written policy on electronic monitoring in place. This requirement was introduced through Bill 88, Working for Workers Act, 2022 and continues to apply each year. 

A Refresher on Who Needs a Policy and When 

If you employed 25 or more employees on January 1 of any year, you must have a written electronic monitoring policy in place before March 1 of that year. This headcount includes anyone who meets the definition of “employee”, including full‑time, part‑time, casual, and seasonal employees. 

Even if you do not engage in electronic monitoring at all, you still need a policy that clearly says so. 

What Must the Policy Include 

The ESA is focused on transparency, not prohibition. A compliant policy must state: 

  • Whether the employer electronically monitors employees; 
  • How and in what circumstances monitoring occurs; 
  • Why the information is collected and how it may be used; and 
  • the date (including day, month, and year) the policy was prepared and last updated. 


Employers must also provide a copy of the policy to employees within the required timelines.
 

Importantly, the ESA does not create new privacy rights or give employees a right not to be monitored. Nevertheless, that does not mean employers have free rein. 

What Should Employers be cautious about 

Even though Ontario lacks a standalone law governing employee privacy in the workplace, privacy expectations still matter. Courts and arbitrators consistently assess whether monitoring is reasonable and proportionate, and whether it serves a legitimate business purpose. 

Common risk areas include: 

  • Overly broad monitoring tools that capture personal use; 
  • Monitoring that is not clearly disclosed in the policy; 
  • Collecting more information than is necessary; and 
  • Using monitoring data for purposes not described in the policy. 


In a grievance between Rideauwood Addiction and Family Services and the Ontario Public Service Employees Union, the arbitrator held that the key issue was whether the electronic monitoring policy and the monitoring it permits constituted a reasonable exercise of management rights in all of the circumstances.
1 

While monitoring work
‑related communications may be reasonable, a policy that broadly monitors internet and network activity without distinguishing between work-related and personal use, and without adequate justification, may be found unreasonable. 

Workplace policies can reduce an employee’s expectation of privacy, but they do not eliminate it entirely. 

Key Takeaways for Employers  

  • Review your monitoring practices annually against the ESA requirements. 
  • Clearly distinguish between work-related and personal use in your monitoring policy.  
  • Avoid vague, “catch-all” language that allows unlimited monitoring. 
  • Make sure your policy accurately reflects what you actually monitor in practice. 
  • Ensure your monitoring is justified and proportionate. 
  • Regularly review policies to ensure they remain legally defensible and aligned with evolving laws and best practices.  


A clear, carefully drafted policy can help manage risk while still giving employers the flexibility they need to operate their business.
 

SpringLaw drafts privacy policies that balance compliance with practical business needs. Contact us anytime.  

 

  1. Ontario Public Service Employees Union v Rideauwood Addiction and Family Services, 2024 CanLII 120507, ONLA at para 22.
Picture of Vivian Liu

Vivian Liu

Vivian Liu is an employment and labour lawyer who advises employers on compliance, workplace policies, and risk management. Known for her thoughtful, practical approach, she helps clients navigate complex issues with clarity. Fluent in multiple languages, Vivian brings a global perspective to her work and enjoys exploring new cultures, food, and community experiences outside the office.

Share the Post:

Related Posts

Canadian flag displayed in front of a government building, representing proposed federal labour law reforms under Bill C-39 and changes to the Canada Labour Code.

Federal Bill C-39: Major Changes Proposed for Federal Labour Relations 

Federal Bill C-39 proposes major changes to the Canada Labour Code that could reshape labour relations for federally regulated employers and unions. From expanded government intervention during strikes and lockouts to new collective bargaining rules and mediation processes, these reforms may significantly impact workplace disputes, collective agreements, and the balance between protecting workers’ rights and the national economy.

Read More »
Person working remotely on a laptop beside a swimming pool, illustrating remote worker management, employee accountability, and flexible work arrangements.

Remote Worker Management: Accountability without Constant Check-Ins 

Managing a remote team doesn’t require constant check-ins. Effective remote worker management comes from clear expectations, transparent systems, and trust. Learn how to create accountability, improve collaboration, and measure results without micromanaging employees. Discover practical strategies to build a productive remote workforce that stays aligned, engaged, and focused on outcomes rather than online presence.

Read More »
Mountain village with wooden buildings overlooking a valley, representing workplace accommodations that can evolve while supporting long-term stability and growth.

Can An Employer Change An Accommodation? 

Can an employer change a workplace accommodation once it has been in place for years? A recent Ontario court decision confirms that accommodations are not necessarily permanent. Employers have flexibility to modify accommodations when employees remain reasonably accommodated and free from discrimination. Learn what this ruling means for disability accommodation, workplace management, employee benefits, and legal compliance.

Read More »

Contact Us

Thank You For Your Interest. Kindly Complete The Form Below. Our Client Services team will be in touch with further information about our fees and intake process.
[grow-contact-form]