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Volume XII, Number 274

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Ontario Considering Requirement that Employers Disclose How They Are Monitoring Employees

On February 28, 2022, the Ontario Government introduced the new “Bill 88, Working for Workers Act, 2022” which would amend the Employment Standards Act, 2000 (“ESA”) and, amongst other things, require employers to develop an Electronic Monitoring Policy.

If this legislation passes, Ontario will become the first province in Canada to require such a policy. It is expected that the legislation will also require employers to explain how they are tracking employees through their computers, phones, and other electronic devices.  

Similar to the “Disconnecting from Work” legislation, which we discussed here, this new policy would only apply to workplaces with 25 or more employees. The details of what would be required in the policy are unclear, but the Ontario Government has suggested that it will require at least “information on whether the employer electronically monitors its workers, and if so, a description of how and in what circumstances the employer does this. In addition, the employer would need to disclose the purpose of collecting information through electronic monitoring.

In addition to this change, Bill 88 may also:

  • Create a new Digital Platform Workers Rights Act, 2022 which would create certain rights for workers who work through digital platforms;
  • Expand military reservist leave under the ESA to cover training time;
  • Amend the Occupational Health and Safety Act to increase fines and require certain workplaces to have naloxone kits in the workplace; and
  • Clarify that certain IT professionals, who provide their services through a corporation or a sole proprietorship and who are paid at least $60/hour, are excluded from the ESA.
© 2022 Miller, Canfield, Paddock and Stone PLC National Law Review, Volume XII, Number 77
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About this Author

Jeffrey Patterson Employment Attorney Miller Canfield
Associate

Jeffrey Patterson is a labour and employment lawyer at Miller Canfield’s Windsor office. He advises public and private sector clients on a wide range of labour and employment issues including labour disputes, grievance arbitrations, collective bargaining, interest arbitrations, wrongful dismissals, employment standards, workplace safety and insurance, employment contracts, human rights and accommodation and related court litigation.

In his labour and employment practice, Jeffrey has represented clients and appeared before the Human Rights...

519-946-2161
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