Employer Monitoring of Employees in Ontario: Legal Limits

The Changing Landscape of Employee Monitoring in Ontario

As remote work and digital workplaces have become the norm, the question of what employers can monitor has become increasingly important. Ontario has taken steps to address this through legislation, but the legal framework remains a complex mix of statutory requirements and common law principles.

The Written Monitoring Policy Requirement

As of October 11, 2022, under Ontario's Working for Workers Act, 2022, employers with 25 or more employees must have a written electronic monitoring policy. This policy must describe:

• Whether the employer electronically monitors employees, and if so, how and in what circumstances
• The purposes for which information obtained through electronic monitoring may be used by the employer

Employees must be provided with a copy of the policy within 30 days of it being prepared and within 30 days of being hired. Importantly, the law does not restrict what employers can monitor — it only requires transparency.

Legally Permissible Monitoring in Ontario

Ontario employers can generally monitor:

• Company email accounts and internet activity on company systems and networks
• Computer activity (keystrokes, applications used, websites visited) on employer-provided devices
• GPS location of company vehicles and employer-provided mobile phones
• Video surveillance in public areas of the workplace (with posted notice)
• Time and attendance systems

What Employers Cannot Monitor

Employers cannot monitor personal devices, personal email accounts, or private communications on personal messaging apps (even if conducted during work hours). Video surveillance cannot be installed in areas where employees have a reasonable expectation of privacy (bathrooms, change rooms, break rooms where personal conversations occur).

If You Believe Your Privacy Has Been Violated

If your employer is monitoring your personal devices or activities beyond what is disclosed in their monitoring policy, you may have recourse under PIPEDA, the Ontario Human Rights Code (if monitoring is discriminatory), or through a civil action for intrusion upon seclusion. Consult an employment lawyer.