Electronic Monitoring Policy in Ontario: Employee Rights Explained

If you work in Ontario, your employer may be tracking your activity through GPS, cameras, computer software, or other tools. Since 2022, companies with 25 or more employees must have a written electronic monitoring policy that explains whether and how they monitor staff.

This rule, added to Ontario’s Employment Standards Act (ESA) under Bill 88 (Working for Workers Act, 2022), aims to increase transparency—not to prohibit monitoring.

What Is an Electronic Monitoring Policy?

Under Ontario law, an electronic monitoring policy is a written document that outlines if and how an employer monitors employees.

Employers must have this policy in place by March 1 each year if they had 25 or more employees on January 1.

The policy must include:

• Whether the company monitors employees electronically
• How and when monitoring takes place (e.g., GPS tracking, email scans, cameras)
• Why the monitoring occurs (e.g., safety, productivity, compliance)
• The date it was created or last updated

Who the Policy Covers

The policy applies to all employees in Ontario, including:

• Full-time, part-time, and remote staff
• Probationary and temporary workers
• Employees on leave or layoff, as long as the employment relationship continues

Even if you work from home or use your own device, your activity can still be subject to monitoring.

What Counts as Electronic Monitoring?

Electronic monitoring covers any form of digital tracking, such as:

• GPS tracking in company or delivery vehicles
• Monitoring emails, chats, or web browsing
• Video cameras in the workplace
• Card-swipe or login-logout tracking systems
• Productivity software that records typing, mouse movements, or screen time

Cameras in the Workplace: Ontario Laws

Under Ontario’s workplace surveillance laws, employers can install security cameras for legitimate business purposes — such as safety or theft prevention — but they must respect employees’ reasonable expectation of privacy.

Hidden cameras or recordings in private spaces (like washrooms or change rooms) are never permitted.

If cameras are used, they must be disclosed in the employer’s electronic monitoring policy, stating:

• Where cameras are located
• When they record
• What the footage may be used for

Can My Employer Track Me Without Telling Me?

If your employer has 25+ employees, no — they must tell you how you’re being monitored.

However, Ontario’s law doesn’t give employees a right not to be monitored. It only guarantees transparency.

That means your employer can still collect data (for example, tracking GPS on a delivery route or emails sent from a work account) as long as it’s disclosed in the written policy.

Can You Refuse to Be Monitored?

You generally can’t refuse electronic monitoring during work hours if it’s part of your employer’s policy.

If you decline to be monitored, your employer could terminate your employment without cause in Ontario — as long as:

• You receive your full severance pay
• The reason isn’t discriminatory

Your employer can’t fire you for cause (withholding severance) unless you’ve committed serious misconduct — like violating policy after repeated warnings or breaching confidentiality.

Can Electronic Monitoring Lead to Constructive Dismissal?

If an employer introduces electronic monitoring that significantly changes your working conditions or breaches your privacy in a serious way, you may have grounds for a constructive dismissal claim in Ontario.

Constructive dismissal happens when an employer fundamentally alters a key term of your employment without your consent — forcing you to quit.

Examples might include:

• Installing constant video surveillance that wasn’t part of your original employment terms
• Tracking your location through GPS or keystroke software without a clear, legitimate reason
• Using monitoring tools in a way that causes loss of trust or dignity in the workplace

While Ontario’s ESA doesn’t restrict how employers can use monitoring data, courts may view excessive or invasive surveillance as an unreasonable change to the employment relationship.

If this happens, you may be entitled to severance pay as though you were terminated.
An employment lawyer can review whether your employer’s monitoring practices cross the line from transparency to intrusion.

How Employers Can Use Monitoring Data

Employers can use data gathered through electronic monitoring for:

• Productivity and performance reviews
• Investigating policy violations
• Security or safety concerns

Importantly, the ESA doesn’t restrict employers to using data only for the purposes listed in the policy. For instance, if monitoring reveals misconduct, that information could legally be used to discipline or terminate an employee.

Sample Electronic Monitoring Policy in Ontario

A compliant policy typically includes:

• Statement: whether employees are monitored
• Description: how and when monitoring occur
• Purpose: why the information is collected
• Disclosure: how employees can access or ask questions
• Dates: when created and last revised

Key Takeaways for Employees

• Transparency—not privacy—is the focus. Employers must tell you how you’re monitored, but they’re still allowed to monitor.
• Refusing monitoring may lead to dismissal, but you must receive proper severance.
• You have a right to see the policy. Your employer must provide it within 30 days.
• Hidden or intrusive surveillance may breach privacy laws.

Speak with an Employment Lawyer

If your employer is making significant changes to their monitoring policy, or you have unfairly lost your job as a result of employee monitoring, Samfiru Tumarkin LLP can help.

Our Toronto employment lawyers and employment lawyers in Ottawa have:

• 👥 Successfully represented 50,000+ Canadians
• 💰 Secured millions in severance payouts
• ⚖️ Settled over 99% of cases out of court
• 📱 Free Termination Consultations — in some, but not all, cases
• ⭐ Earned 3,000+ 5-star Google reviews
• 🏆 Named on of Canada’s Best Law Firms

Call 1-855-821-5900 or request a consultation online.