Electronic Monitoring Policy in Ontario: Template + Disclosure Requirements

Ontario employers with 25 or more employees must have a written electronic monitoring policy in place before March 1 each year. This guide provides two Ontario electronic monitoring policy templates—minimum compliance and enhanced—along with mandatory disclosure elements, PIPEDA considerations, and a complete employer checklist aligned with monitored government sources.

What Ontario Employers Need to Know About Electronic Monitoring Policies

Employers covered by Ontario's Employment Standards Act, 2000 (ESA) that employ 25 or more employees as of January 1 of the applicable year in Ontario on January 1 of any year must have a written policy on the electronic monitoring of employees in place before March 1 of that year. These requirements were added to the ESA on April 11, 2022. There was a special first-year rule: employers with 25 or more employees on January 1, 2022 had until October 11, 2022 to have the policy in place. An employer that is required to have a written policy must provide a copy to all of its employees, and to all assignment employees assigned to perform work for that employer, within 30 calendar days of the day the employer is required to have the policy in place. If the policy is changed, the employer must provide a copy of the updated policy within 30 calendar days of the change. According to Ontario's official ESA guide, the policy must state whether the employer electronically monitors employees. If it does, the policy must describe how and in what circumstances employees may be electronically monitored, the purposes for which information obtained through electronic monitoring may be used, the date the policy was prepared, and the date any changes were made.

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Who Must Have an Ontario Electronic Monitoring Policy?

The obligation applies to employers covered by the ESA that employ 25 or more employees as of January 1 of the applicable year in Ontario on January 1 of any year, subject to ESA coverage rules and exclusions. The Ontario guide states that the requirements apply to all employees and employers covered by the ESA except the Crown, a Crown agency, or an authority, board, commission or corporation whose members are all appointed by the Crown and their employees. To determine whether the threshold is met, the employer counts the number of employees it employs on January 1, not full-time equivalents. Part-time and casual employees each count as one employee. All employees employed at each location in Ontario are included. Anyone meeting the ESA definition of employee is counted, including homeworkers, probationary employees, some trainees, officers of a corporation who perform work or supply services for wages, employees on definite-term or specific-task contracts of any length, employees on layoff where the employment relationship has not been terminated and/or severed, employees on leave of absence, employees on strike or lockout, and employees exempt from all or part of the ESA for threshold-counting purposes. If related employers are treated as one employer under the ESA, all employees employed in Ontario by those employers are included in the count. Assignment employees of temporary help agencies are employees of the agency and count toward the agency's threshold, not the client's threshold. The agency's count includes all assignment employees, whether active or inactive on January 1. If a client employer is itself required to have a written policy, that policy must also apply to all assignment employees assigned to perform work for that employer in Ontario. The threshold is assessed on January 1 only. If an employer has fewer than 25 employees in Ontario on January 1, it is not required to have a policy for that calendar year even if headcount later rises above 25. If the employer has 25 or more employees in Ontario on January 1, it must have the policy for that year even if headcount later falls below 25, until the threshold is assessed again the following January 1.

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What Constitutes Electronic Monitoring Under the ESA?

Ontario's ESA guide says 'electronic monitoring' includes all forms of employee and assignment employee monitoring that is done electronically. Government examples include using GPS to track the movement of an employee's delivery vehicle, using an electronic sensor to track how quickly employees scan items at a grocery store check-out, tracking the websites employees visit during working hours, and monitoring employee emails and online chats through software. The guide also states that what must be captured in the policy is not limited to devices or other electronic equipment issued by the employer, and is not limited to monitoring that happens while employees are at the workplace. For example, if an employer electronically monitors an employee through the employee's own personal computer used for work purposes, the policy must capture that. The requirement applies equally where the employee works from home, at the employer's workplace, or under a hybrid workplace/home model. Additional examples should be identified as practical examples rather than government-cited examples unless separately sourced.

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Mandatory Disclosure Elements for Your Electronic Monitoring Policy

Under Ontario's ESA guide, a written policy on electronic monitoring of employees must contain: 1. A statement as to whether the employer engages in electronic monitoring of employees. If the employer does not electronically monitor employees, the policy must specifically state this. 2. If the employer does electronically monitor employees, a description of how the employer may electronically monitor employees. 3. A description of the circumstances in which the employer may electronically monitor employees. 4. The purposes for which information obtained through electronic monitoring may be used by the employer. 5. The date the policy was prepared, including the day, month and year. 6. The date any changes were made to the policy. The Ontario guide also states that these ESA requirements do not establish a right for employees not to be electronically monitored and do not create any new privacy rights for employees. The requirements are about transparency regarding whether monitoring occurs, how and in what circumstances it occurs, and the purposes for which the information may be used.

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Ontario Electronic Monitoring Policy Template #1: Minimum Compliance

[COMPANY NAME] Written Policy on Electronic Monitoring of Employees Date Prepared: [Day, Month, Year] Date of Last Revision: [Day, Month, Year] or N/A 1. Statement on Electronic Monitoring [Company Name] [does/does not] electronically monitor employees. [If applicable: This policy also applies to assignment employees assigned to perform work for [Company Name] in Ontario.] 2. How Employees May Be Electronically Monitored If electronic monitoring is used, [Company Name] may electronically monitor employees by: [describe how monitoring occurs]. 3. Circumstances in Which Employees May Be Electronically Monitored [Describe the circumstances in which monitoring may occur.] 4. Purposes for Which Information Obtained Through Electronic Monitoring May Be Used [Describe the purposes for which information obtained through electronic monitoring may be used by the employer.] 5. Application This policy applies to all employees in Ontario to whom the ESA provision applies and, where required, to all assignment employees assigned to perform work for [Company Name] in Ontario. Note: If different policies apply to different groups of employees, the employer may use one document or multiple documents, but the policy or policies must apply to all covered employees.

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Ontario Electronic Monitoring Policy Template #2: Enhanced Version

This enhanced template goes beyond minimum ESA requirements by incorporating privacy best practices aligned with PIPEDA and practical workplace guidance. It is recommended for employers who want a more robust, employee-friendly policy.

[COMPANY NAME]
Electronic Monitoring Policy

Policy Number: [e.g., HR-EM-001]
Date Prepared: [Day, Month, Year]
Date of Last Revision: [Day, Month, Year]
Approved By: [Name/Title]
Next Review Date: [Day, Month, Year]

1. Purpose

This policy is established to comply with the requirements of the Employment Standards Act, 2000 (Ontario), as amended by the Working for Workers Act, 2022, and to promote transparency regarding [Company Name]'s electronic monitoring practices. This policy also reflects [Company Name]'s commitment to handling personal information responsibly, consistent with the Personal Information Protection and Electronic Documents Act (PIPEDA).

2. Scope

This policy applies to:

All employees of [Company Name] in Ontario, including full-time, part-time, casual, probationary, and contract employees
All management and executive employees
All assignment employees of temporary help agencies who are assigned to perform work for [Company Name] in Ontario

3. Statement on Electronic Monitoring

[Company Name] electronically monitors its employees and assignment employees as described in this policy.

4. Methods of Electronic Monitoring

[Company Name] may use the following electronic monitoring methods:

GPS Tracking: GPS devices installed on company-owned vehicles to track location and movement during work hours.
Email and Messaging Monitoring: Software that monitors, logs, and may review employee emails and instant messages sent or received through company systems.
Internet and Application Usage Tracking: Software that tracks websites visited, applications used, and time spent on each during working hours.
Keystroke Logging: [If applicable] Software that records keystrokes on company-issued or company-managed devices.
Screenshot Capture: [If applicable] Software that periodically captures screenshots of employee workstations.
Video Surveillance: [If applicable] Security cameras in common areas of company facilities (not in washrooms, change rooms, or other private areas).
Access Logs: Badge/swipe-card systems that record entry and exit at company facilities and secured areas.
Phone Call Monitoring: [If applicable] Recording or monitoring of calls made through company phone systems for quality assurance or training purposes.

5. Circumstances of Monitoring

GPS tracking operates continuously during scheduled work hours for employees assigned company vehicles.
Email, messaging, internet, and application monitoring may occur at any time on company-issued devices or personal devices used to access company systems, whether the employee is working at the workplace, from home, or under a hybrid arrangement.
Keystroke logging and screenshot capture [if applicable] operate during active work sessions on company-managed devices.
Video surveillance operates 24/7 in designated common areas.
Access logs are recorded each time an employee uses a badge or swipe card.

6. Purposes for Which Monitored Information May Be Used

Information obtained through electronic monitoring may be used for:

Protecting the health and safety of employees and the public
Evaluating individual and team performance
Ensuring appropriate use of company equipment, systems, and resources
Verifying that work is being performed during scheduled working hours
Investigating suspected misconduct, policy violations, or illegal activity
Optimizing operational efficiency (e.g., route planning, workflow improvements)
Meeting legal, regulatory, or contractual obligations
Supporting disciplinary proceedings, up to and including termination

7. Personal Information and Privacy

Information collected through electronic monitoring may constitute personal information under PIPEDA. [Company Name] is committed to:

Collecting only information that is reasonably necessary for the identified purposes
Safeguarding monitored information with appropriate security measures
Limiting access to monitored information to authorized personnel on a need-to-know basis
Retaining monitored information only as long as necessary for the identified purposes or as required by law

Employees who have questions about how their personal information is handled may contact [Privacy Officer/HR Contact] at [email/phone].

8. Limitations

This policy does not:

Establish a right for employees not to be electronically monitored
Create new privacy rights beyond those that exist under applicable law
Override any rights or obligations under applicable collective agreements

9. Related Policies

[Company Name]'s electronic monitoring practices should be read in conjunction with:

[Acceptable Use of Technology Policy]
[Privacy Policy]
[Workplace Health and Safety Policy]
[Right to Disconnect Policy]

10. Policy Administration

This policy will be reviewed annually and updated as required. A copy of this policy will be provided to all employees and assignment employees within 30 calendar days of the date the policy is required to be in place, or within 30 calendar days of any changes. [Company Name] will retain a copy of each version of this policy for three years after it is no longer in effect, as required by the ESA.

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Key Timelines and Record-Keeping Requirements

Annual Compliance Deadline

Beginning in 2023 and every year thereafter, employers that employ 25 or more employees as of January 1 of the applicable year on January 1 must have their written electronic monitoring policy in place before March 1 of that year (ESA, as amended by the Working for Workers Act, 2022).

Distribution to Employees

Employers must provide a copy of the policy to all employees and all assignment employees performing work for the employer in Ontario within 30 calendar days of:

The day the employer is required to have the policy in place (i.e., before March 1), or
The date the policy is changed

New employees hired after the policy is already in place should receive a copy within 30 calendar days of their start date, as a best practice aligned with the ESA's distribution requirements.

Record Retention

Employers must retain a copy of every version of the written policy for three years after the policy is no longer in effect (ESA, "Employer record-keeping requirements" section). This means if you update your policy annually, you must keep each prior version on file for three years from the date it was replaced.

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How PIPEDA Interacts with Ontario's Electronic Monitoring Requirements

While the ESA's electronic monitoring provisions are focused on transparency—requiring employers to disclose what they monitor and why—the Personal Information Protection and Electronic Documents Act (PIPEDA) imposes separate and additional obligations on how employers collect, use, and disclose personal information in the course of commercial activities.

Key PIPEDA Principles Relevant to Electronic Monitoring

Accountability: Your organization is responsible for personal information under its control. Designate a privacy officer or responsible individual.
Identifying Purposes: The purposes for collecting personal information must be identified at or before the time of collection—your ESA policy helps satisfy this requirement.
Consent: PIPEDA generally requires knowledge and consent for the collection, use, or disclosure of personal information. In the employment context, implied consent may apply in certain circumstances, but employers should seek qualified professional advice on consent models for monitoring.
Limiting Collection: Collect only information that is necessary for the identified purposes. Avoid overly broad monitoring that captures data unrelated to legitimate business needs.
Safeguards: Protect personal information with security safeguards appropriate to the sensitivity of the information.
Retention: Retain personal information only as long as necessary to fulfill the identified purposes.

Practical Implications for Employers

Having an ESA-compliant electronic monitoring policy does not automatically satisfy your PIPEDA obligations. The ESA itself states that its requirements "do not create any new privacy rights for employees." Employers should:

Conduct a privacy impact assessment before implementing new monitoring technologies
Ensure monitoring is proportionate to the legitimate business purpose
Limit access to monitored data to authorized personnel
Establish clear retention and destruction schedules for monitored data
Consult a qualified professional for guidance on consent and privacy compliance specific to your monitoring practices

Note for Alberta and British Columbia employers: If your organization also operates in Alberta or British Columbia, the Personal Information Protection Act (PIPA) applies in those provinces rather than PIPEDA for provincially regulated employers. PIPA has its own consent and collection requirements that may differ from PIPEDA.

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Connection to Ontario's Right to Disconnect Requirements

Ontario's electronic monitoring policy obligation was introduced alongside the right to disconnect policy requirement under the same Working for Workers Act amendments. Both policies share the same 25-employee threshold and similar compliance timelines. Employers should develop and distribute both policies together to streamline compliance and ensure consistency.

Additionally, if your organization is hiring, be aware of Ontario job posting rules that may also affect your HR compliance obligations.

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Employer Compliance Checklist: Ontario Electronic Monitoring Policy

Use this checklist to confirm your organization meets all ESA requirements for electronic monitoring policies:

☐ Count employees on January 1. Determine whether you employ 25 or more employees as of January 1 of the applicable year in Ontario, counting all individuals (part-time, casual, probationary, on leave, on layoff, on strike/lockout). Do not count full-time equivalents.
☐ Include all Ontario locations. Aggregate employees across every Ontario location. Include related employers treated as one under the ESA.
☐ Have the written policy in place before March 1. The policy must be finalized and ready for distribution before March 1 of the applicable year.
☐ Include all mandatory disclosure elements:
- Statement confirming whether electronic monitoring occurs
- Description of how monitoring is conducted (tools, technologies)
- Description of circumstances under which monitoring occurs (when, where, conditions)
- Description of purposes for which monitored information may be used
- Date the policy was prepared (day, month, year)
- Date of any changes (day, month, year)
☐ Cover all employees. The policy must apply to all employees in Ontario—including management, executives, shareholders who are employees, and assignment employees performing work for your organization.
☐ Address personal devices and remote work. If you monitor employees through their personal computers or devices used for work, or while they work from home or in a hybrid model, the policy must capture this.
☐ Distribute within 30 calendar days. Provide a copy to all employees and assignment employees within 30 calendar days of the compliance deadline or within 30 calendar days of any policy changes.
☐ Distribute to new hires. Provide a copy to new employees and newly assigned assignment employees promptly (best practice: within 30 calendar days of their start date).
☐ Retain all policy versions for three years. Keep a copy of every version of the policy for three years after it is no longer in effect.
☐ Review annually. Reassess the policy each year to reflect any changes in monitoring practices, technology, or business operations.
☐ Consider PIPEDA obligations. Ensure your monitoring practices and data handling also comply with PIPEDA (or PIPA in Alberta/British Columbia). Consult a qualified professional as needed.
☐ Coordinate with your right to disconnect policy. Both policies share the same threshold and similar timelines—develop and distribute them together.

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Common Mistakes to Avoid

Excluding management or executives. The policy must apply to all employees, not just frontline staff. A policy that covers only sales staff but not managers does not comply with the ESA.
Forgetting assignment employees. If you use temporary help agency workers and meet the 25-employee threshold, your policy must also cover those assignment employees.
Missing the date format. The ESA requires the date the policy was prepared and the date of any changes to include the day, month, and year. A policy dated only "2025" or "March 2025" does not comply.
Failing to update after changes. If you adopt new monitoring technology mid-year, you must update the policy and redistribute it within 30 calendar days of the change.
Assuming the ESA creates privacy rights. The ESA's electronic monitoring provisions are about transparency, not privacy. Do not rely on your ESA policy alone to satisfy PIPEDA or other privacy obligations.
Not retaining old versions. Every superseded version of the policy must be kept for three years after it ceases to be in effect. Implement a document retention system.

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Frequently Asked Questions About Ontario Electronic Monitoring Policies

What if we don't electronically monitor employees at all?

You still need a written policy if you have 25 or more employees as of January 1 of the applicable year on January 1. The policy must specifically state that the employer does not electronically monitor employees.

Can we have different policies for different employee groups?

Yes. The ESA permits employers to have a single policy that applies to all employees or different policies for different groups (e.g., one for office staff and another for field staff), as long as all employees and assignment employees are covered.

Can the policy be part of a larger document?

Yes. The Ontario government's guide confirms that the policy may be a stand-alone document or part of another document, such as a comprehensive workplace human resources policies and procedures manual.

Can employees file a complaint if they disagree with the monitoring?

The ESA provisions relate to the existence and content of the policy, not to the monitoring itself. The ESA does not establish a right for employees not to be electronically monitored. However, employees may have recourse under PIPEDA or other applicable laws if they believe their privacy rights have been violated.

Does this apply to federally regulated employers in Ontario?

No. The ESA applies to provincially regulated employers in Ontario. Federally regulated employers (e.g., banks, telecommunications, interprovincial transportation) are governed by the Canada Labour Code and separate federal privacy legislation.

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Get Your Electronic Monitoring Policy Template Today

Building an Ontario electronic monitoring policy template from scratch takes time—and getting it wrong can mean non-compliance with the ESA. Canada Policy Manual provides professionally drafted, regularly updated policy templates aligned with monitored government sources, so you can focus on running your business.

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Key Takeaways

Ontario employers with 25 or more employees on January 1 must have a written electronic monitoring policy in place before March 1 of that year, under the Employment Standards Act, 2000 (as amended by the Working for Workers Act, 2022).
The policy must state: (1) whether the employer electronically monitors employees, (2) if yes, a description of how and in what circumstances electronic monitoring may occur, (3) the purposes for which information obtained through electronic monitoring may be used, and (4) the date the policy was prepared (day, month, year) and the date of any changes.
Electronic monitoring covers GPS tracking, email/chat monitoring, website tracking, keystroke logging, screenshot capture, and more—including monitoring on personal devices used for work and in remote/hybrid arrangements.
Employers must distribute the policy to all employees and assignment employees within 30 calendar days of the compliance deadline or any policy change.
Every version of the policy must be retained for three years after it is no longer in effect.
The ESA requirements do not create new privacy rights—employers must separately ensure compliance with PIPEDA (or PIPA in Alberta/British Columbia) for the collection and use of personal information.
The policy must cover all employees in Ontario, including management, executives, and temporary agency workers assigned to the employer.

Related employer resources

Workplace privacy and employee monitoring — Review the policy considerations for monitoring, data and workplace technology.
HR documentation gap checker — Identify policy documents that may still be missing from your workplace files.
HR compliance checklist — Review the core policy and documentation areas for your jurisdiction.
Ontario employer guide — Review the jurisdiction page, key statutes and connected employer resources.
How to introduce and maintain a workplace policy manual — A practical workflow for completing your profile, reviewing a policy manual, introducing it to employees and managing later versions.