The deadline to establish an electronic monitoring policy is fast approaching.

Bill 88, Working for Workers Act, 2022, received royal assent on April 11, 2022. As previously reported, Bill 88 amended the Employment Standards Act (“ESA”) to require employers to have a written policy on electronic monitoring of employees in place by October 11, 2022. Details of the specific policy requirements, including relevant guidance from the Ministry of Labour, were set out in a previous In A Flash article, available here.

A link to the Ontario Ministry of Labour’s guidance on Electronic Monitoring Policies can be found here.

This policy requirement only applies to employers in Ontario with 25 or more employees (as of January 1, 2022) covered by the ESA, except the Crown, Crown agencies and authorities, boards, commissions or corporations who are appointed by the Crown and their employees.  Going forward, the requirement will extend to every employer who meets the 25 or more employee threshold on January 1 of each year, and the policy must be in place before March 1 of that year.

For assistance in developing your organization’s electronic monitoring policy, or for any questions relating to workplace law generally, please do not hesitate to contact a Mathews Dinsdale lawyer.