Electronic monitoring in the workplace is no longer just a technology or IT issue—it is a legislative compliance obligation for many Ontario employers. Amendments to the Employment Standards Act, 2000 (ESA), introduced under the Working for Workers Act, 2022 (Bill 88), require greater transparency around how and when employees are electronically monitored.
While these requirements have technically been in place since 2022, compliance is ongoing and annual, and employers who meet the threshold must ensure their policies remain current and properly distributed. With March 2026 approaching, now is an ideal time for employers to review whether they remain compliant.
Who the Legislation Applies To:
The electronic monitoring policy requirement applies to employers who employ 25 or more employees in Ontario on January 1 of any given year. If that threshold is met, a written electronic monitoring policy must be in place by March 1 of that same year—including March 1, 2026.
The employee count is broader than many employers expect. It includes full-time, part-time, casual, seasonal, probationary employees, managers, executives, and employees on leave or temporary layoff. Employers with fluctuating headcounts should be particularly mindful of this January 1 snapshot date.
Even employers that do not use electronic monitoring at all are still required to have a written policy stating that no monitoring occurs.
What Is Considered “Electronic Monitoring”?
Ontario’s legislation intentionally defines electronic monitoring broadly. It includes any electronic method used to track, observe, or collect information about employee activity.
Common examples include monitoring email or internet usage, GPS tracking in company vehicles, keycard or swipe access systems, video surveillance, productivity tracking software, call monitoring, and tracking activity on company-issued laptops or phones. Monitoring may also apply where employees use personal devices for work purposes.
The legislation does not prohibit electronic monitoring. Its purpose is transparency—employees must be informed about what monitoring occurs, how it works, and why it is used.
What Must Be Included in the Policy?
A compliant electronic monitoring policy must clearly address several core elements.
- The policy must state whether electronic monitoring is used.
- If monitoring does occur, the policy must explain how and in what circumstances it is used. This includes identifying the tools or systems involved and when monitoring may take place, such as during working hours or when using company equipment.
- The policy must also describe the purpose of monitoring, such as security, operational efficiency, safety, system maintenance, or compliance with legal obligations. Importantly, the policy does not need to justify monitoring, but it must be transparent about its purpose.
- The policy must include the date it was prepared and reflect any updates made over time.
Distribution and Record-Keeping Obligations:
Having a policy is only part of compliance. Employers must also meet strict distribution and retention requirements.
Employees must receive a copy of the electronic monitoring policy:
- within 30 days of the policy being created or updated, and
- within 30 days of hire for new employees
Policies may be distributed electronically, provided employees have reasonable access to them and the ability to print if needed. Employers must also retain copies of every version of the policy for at least three years after it is no longer in effect. This record-keeping obligation is critical in the event of a Ministry of Labour inspection.
What Employers Should Be Doing Now?
As March 2026 approaches, employers should take time to ensure their policies reflect current practices and technologies. Monitoring tools evolve quickly, particularly with increased remote and hybrid work, and policies that were compliant in 2022 may no longer accurately describe how monitoring occurs today.
Best practice steps include reviewing current IT and security tools, confirming alignment between actual practices and policy language, updating policy dates annually where required, and ensuring employees have received the most recent version. Employers should also ensure managers understand the policy so that monitoring practices remain consistent and defensible.
Why This Matters?
Failure to comply with the electronic monitoring policy requirements can result in Ministry of Labour orders and reputational risk. More importantly, transparent policies help maintain trust with employees by clearly setting expectations around privacy and workplace technology.
Ontario’s approach does not restrict monitoring—it requires clarity. Employers who treat this as a living policy rather than a one-time document will be better positioned for compliance and employee relations alike.
How can Peak Performance HR Help?
Navigating Ontario’s electronic monitoring policy requirements doesn’t have to be overwhelming. Peak Performance HR supports employers in staying ahead of these legislative changes by providing practical, actionable guidance that ensures compliance and mitigates risk for your organization.
For small and mid-sized businesses, these obligations can feel complex. Our approach breaks compliance into clear, manageable steps. We help you identify gaps, standardize practices, and communicate policy changes clearly to employees. This not only satisfies legal requirements but also builds trust with your team.
With Peak Performance HR as your partner, meeting Ontario’s electronic monitoring policy obligations becomes a structured, confidence-inspiring process rather than a burden, allowing you to focus on running your business while maintaining transparent and compliant workplace practices.
Book a free consultation with Peak Performance HR to learn more about our fractional Human Resources and Recruitment solutions. Call 416-822-3471, email [email protected], or book your initial meeting today.