Bill 88 Ontario Employee Electronic Monitoring Example Policy Template

Bill 88 Ontario Employee Electronic Monitoring Policy Template Example

New! HR Toolkit now includes an Employee Electronic Monitoring policy to comply with Ontario Bill 88

Effective October 11, 2022,  the HR Toolkit's Ontario Employee Manual template now includes a comprehensive pre-written example of an Employee Electronic Monitoring policy that communicates if and how your 25+ employee business electronically monitors employees. 

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What's  included in the HR Toolkit Workplace Electronic Monitoring policy

The HR Toolkit policy template includes the following topics: 

  • Methods of Electronic Monitoring:
    (Each method includes:  PurposeHow & When Monitoring Occurs, Data Collection & Usage)
    • Video Surveillance & Door Locks
    • Technology Tools Monitoring
    • Electronic Communication Monitoring
    • GPS Tracking 
    • Time & Attendance Tracking
  • Prohibited forms of Surveillance
  • Privacy & PEPIDA

About Bill 88 and Employee Electronic Monitoring requirements

Effective April 11, 2022, Ontario businesses with 25 or more Ontario employees are required to have a written employee electronic monitoring policy for their workplace and must have the policy in place by October 11, 2022.

When does the policy have to be in place?

The first policy must be communicated by October 11, 2022, or risk a fine.

Beginning in 2023, Ontario employers with 25 or more employees on January 1 of any year must have the policy in place before March 1 of that year.

What if I don't have 25+ employees?

You are still required to have a policy in place that specifically communicates that your business does not electronically monitor employees.

What if we decide to implement electronic monitoring in the future?

If electronic employee monitoring is implemented in the future, you must create a policy and provide your employees with reasonable notice. 

How is Employee Electronic Monitoring defined? 

Electronic monitoring includes all methods of employee electronic monitoring conducted during working hours. Some examples:

  • Camera surveillance
  • GPS tracking
  • Time and attendance tracking
  • Monitoring of computer usage and electronic communication including web browsers and emails. 

Prohibited Forms of Surveillance

To provide Staff with a reasonable degree of privacy in the Workplace, typically, the following forms of surveillance are not used.   

  • Keylogging (recording individual keystrokes)
  • Video surveillance in areas where Staff have a reasonable expectation of privacy, such as bathrooms, changing rooms, and other private areas
  • Covert surveillance, such as monitoring individual computer activity without due notice
  • Covert recording or streaming of webcam feeds.

What must be included in an Ontario Employee Electronic Monitoring Policy? 

According to Bill 88, the policy must disclose if your business electronically monitors employees. If you electronically monitor your employees in any fashion, your policy must include:

  • The date or revision date of the Employee Electronic Monitoring policy. 
  • A statement that your business electronically monitors employees.
  • A description of how and in what circumstances your business may electronically monitor employees.
  • The purposes for which the information obtained through electronic monitoring may be used.

How is the policy communicated? 

  • Employers may provide the policy to employees in print form or digitally, provided the employee has the ability to print the hard copy. 
  • Your employees must receive a copy of the policy within 30 days from October 11, 2022.
  • A revised copy must be received by employees within 30 days of any changes being made to your policy

When & what kind of employees are counted towards the 25+ threshold?

Your employee count must include all employees in Ontario covered under Employment Standards Act, regardless of whether they are part-time, temporary, management or executives. Independent contractors and temporary agency staff you've engaged do not count towards your employee count. As of January 1, 2023, business consultants and information technology consultants will no longer be covered by the Employment Standards Act and will no longer be subject to electronic monitoring policy requirements.

Each year, your Ontario employees count is counted as of January 1. If your count is 25 or more on January 1 of any year, Bill 88 requires that you have a policy in place. If you have under 25 employees, no policy is required for that year. If your employee count fluctuates above or below 25 employees during a year, you are not required to have a policy in place. Employers can't eliminate an existing policy until January 1 of the following year.

What are the consequences of non-compliance? 

Your business could be fined for non-compliance (e.g., $250 for the first contravention, multiplied by the number of employees affected).

How long do we need to keep records? 

Employers are required to  keep a copy of every policy for three years.

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