In A Flash

Ontario Proposes Legislation Requiring Employers to Inform Workers If, How and Why They are Being Monitored

The Ontario government has announced that it seeks to introduce legislation requiring employers to have written policies on electronic monitoring, with information on whether the employer electronically monitors its workers, and if so, a description of how and in what circumstances the employer does this.

In addition, the employer would need to disclose the purpose of collecting information through electronic monitoring, and how employees’ use of computers, cell phones, GPS systems and other electronic devices are being tracked.

This requirement, if passed, would be applicable to employers in Ontario with 25 or more employees, and would apply to employees working in the workplace, in the field or at home.

This proposal follows changes previously introduced by Working for Workers Act, 2021, which received assent in December last year, including removing barriers for foreign-trained professionals, requiring policies on the “right to disconnect”, and banning the use of non-compete clauses. Read our December article Ontario Passes the Working for Workers Act.

These proposed changes were included in Bill 88 – Working for Workers Act 2022, which was introduced in the Ontario Legislature. A link to the latest version of this proposed legislation is available here.

We will continue to update our clients with information as soon as it becomes available. If you have any questions about the new legislation or any questions relating to workplace law generally, please do not hesitate to contact a Mathews Dinsdale lawyer.

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