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the electronic monitoring act

Bill 88

By BLG Law Firm, Toronto

n February 28, Ontario issued Bill electronic monitoring may be used by help agencies.
O88, the Working for Workers Act, the employer. Bill 88 does not define “electronic
2022, a first of its kind workplace The policy must be dated, track monitoring,” and likely applies to
electronic monitoring legislation amendment dates and must include technologies deployed on corporate
requiring Ontario employers to give other information that may be networks, personal devices governed
notice of “electronic monitoring.” by “bring your own device” policies,
as well as any work tools with
The new requirements "The ESA will require embedded sensors (e.g., telematics
Bill 88, will bring a new part to and similar technologies).
the Employment Standards Act, all employers with 25 The requirement to disclose the
2000 (the ESA) titled “Written Policy or more employees to “circumstances” in which monitoring
on Electronic Monitoring.” is employed suggests that the
The ESA will require all employers create and publish an disclosure requirement applies to
with 25 or more employees to electronic monitoring monitoring that occurs on a periodic
create and publish an electronic or non-routine basis, i.e., as part of an
monitoring policy within six policy within six months investigation or audit.
months after Bill 88 receives Royal after Bill 88 receives
Assent. The proposed policy must Commentary
identify whether an employer Royal Assent." If passed without amendment, the
electronically monitors employees proposed legislation will impose a
and, if so, provide: a description of modest requirement on employers.
how and in what circumstances the required by regulation. Employers Employers should consider the
employer may electronically monitor must provide copies to new and following six points:
employees; and the purposes for current employees as well as
which information obtained through employees assigned by temporary

20 LBMAO Reporter - May-June 2022 www.lbmao.on.ca