Electronic Monitoring Policy in Ontario: Employee Rights Explained

Ontario employers with 25 or more employees must have a written electronic monitoring policy explaining whether they monitor staff and, if so, how and why. This includes tracking through workplace cameras, GPS, computers and other electronic tools.

However, Ontario’s law doesn’t prohibit workplace monitoring. It requires transparency about how employees may be monitored.

On This Page:

• Electronic Monitoring Policy Rules
• What Employers Can Monitor
• Workplace Cameras and Surveillance
• Monitoring Without Your Knowledge
• Discipline and Termination
• Privacy Rights and Legal Options
• Frequently Asked Questions

What Is Ontario’s Electronic Monitoring Policy Law?

Ontario’s Employment Standards Act (ESA) requires employers with 25 or more employees in Ontario on January 1 to have a written electronic monitoring policy by March 1 of that year.

The policy must explain:

• Whether the employer electronically monitors employees
• How and under what circumstances monitoring may happen
• Why the employer may use information collected through monitoring
• When the policy was created and updated

Employers must provide copies to existing employees within the required timeframe and give new employees a copy within 30 days of starting, once the policy is required. Changes to the policy must also be shared within 30 days.

The requirement covers full-time, part-time, temporary and remote employees. Employers with fewer than 25 employees aren’t required to have this particular ESA policy, although other legal obligations may still apply.

Read Ontario’s official electronic monitoring policy requirements.

What Can Employers Electronically Monitor in Ontario?

Employers may use electronic tools to monitor work activity, security and productivity.

Common examples include:

• Work computers: Websites visited, email activity, logins and screen use
• GPS tracking: Company vehicles, delivery routes and work-related locations
• Security cameras: Video surveillance in offices, stores and workplaces
• Productivity software: Keyboard activity, mouse movement and time spent on tasks
• Access systems: Entry cards, attendance records and building access

These rules also cover remote employees. If an employer monitors work activity through an employee’s personal computer, that monitoring must be addressed in the policy where the ESA requirements apply.

Are Cameras Allowed in the Workplace in Ontario?

Yes. Employers can use workplace cameras for purposes such as security, safety and investigating misconduct. However, surveillance isn’t automatically lawful in every situation.

Important considerations include where cameras are installed, why they’re used and whether they intrude on employees’ reasonable expectations of privacy.

For example, cameras monitoring a store entrance raise different privacy concerns from cameras installed in a washroom or change room.

Employers covered by Ontario’s electronic monitoring policy requirements must describe how and under what circumstances they may use electronic surveillance, along with the purposes for which the information may be used.

For broader privacy questions, see our guide to Employee Privacy Rights in Canada.

Can Your Employer Monitor You Without Telling You?

Ontario employers covered by the ESA policy requirement must disclose their electronic monitoring practices in writing. However, the law doesn’t require employees to agree to being monitored.

The law also doesn’t give employees a general right to refuse workplace monitoring.

Importantly, having an electronic monitoring policy doesn’t automatically make every surveillance practice lawful. Other privacy, employment and human rights protections may still apply.

If you’re concerned about monitoring, review your employer’s policy before refusing an instruction or taking further action.

Can Your Employer Use Monitoring to Discipline or Fire You?

Yes. Employers can use information collected through electronic monitoring to investigate misconduct, assess performance or support a termination decision.

Ontario’s electronic monitoring rules don’t restrict employers to using the information only for purposes listed in their policy.

However, being caught violating a workplace rule doesn’t automatically mean you can be fired for cause without severance.

If you’re terminated because of monitoring information, you may still be entitled to severance pay in Ontario, as much as 24 months’ pay.

What Can You Do if Workplace Monitoring Violates Your Privacy?

If you believe your employer is monitoring you unfairly or intruding on your privacy:

• Request a copy of the workplace electronic monitoring policy
• Document the monitoring practices that concern you
• Keep relevant communications and employment records
• Get legal advice before refusing monitoring or resigning

Ontario’s ESA provides limited complaint rights concerning electronic monitoring policies. Employment standards officers can investigate certain failures to provide employees with copies of required policies, but not every complaint about how monitoring occurs.

Other legal options may be available if surveillance is seriously invasive or leads to wrongful dismissal.

Ontario Electronic Monitoring Policy: FAQs

Is an Electronic Monitoring Policy Mandatory in Ontario?

Yes, for employers covered by the ESA that have 25 or more Ontario employees on January 1. They must have a written policy explaining whether and how they electronically monitor employees.

Can My Employer Monitor My Computer or Emails?

Yes. Employers can monitor activity on work computers, email accounts and networks. Applicable workplace policies and other legal protections may affect how monitoring is carried out.

Can My Employer Watch Me on Camera?

Yes, workplace cameras can be used for legitimate business purposes. However, their location, purpose and impact on employee privacy matter.

Can My Employer Track Me While Working From Home?

Yes. Electronic monitoring rules also apply to remote work. Monitoring work activity is different from having unrestricted access to your personal life or private information.

Can I Be Fired for Refusing Electronic Monitoring?

Refusing a lawful workplace policy may have employment consequences, including termination. However, it doesn’t automatically justify dismissal for cause or eliminate your severance rights.

Concerned About Workplace Monitoring or Your Job?

If your employer is using surveillance to discipline you, making major changes to your working conditions or threatening termination, understand your rights before responding.

The Ontario employment lawyers at Samfiru Tumarkin LLP help non-unionized employees protect their employment rights and pursue compensation they’re legally owed.

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