With more people working remotely or on hybrid schedules, many employers are using digital tools to help track productivity, protect sensitive information, and manage daily operations. These tools might include keystroke logging, time-tracking apps, screen monitoring, or location-based tracking through mobile devices. While these systems can be useful, they also raise concerns about privacy and fairness—especially when employees aren’t clear on how (or if) they’re being monitored.
Common Monitoring Tools in the Workplace
Some of the most common tools and features employers are using include:
- Keystroke logging
- Idle time trackers and mouse movement tools
- Webcam access or screen recordings
- Website and app usage monitoring
- GPS or location tracking
- Time-tracking and attendance software
These tools can provide insight into how employees spend their time, but they can also feel intrusive if not explained properly. Over-monitoring or using the data in a punitive way can damage morale and erode trust.
Is Monitoring Legal in Ontario Workplaces?
Employers generally have the right to monitor employee activity on company-owned devices and systems, but that right isn’t unlimited. Employers still need to act within legal boundaries and make sure their monitoring practices are reasonable and transparent. Here’s what might apply, depending on your workplace:
- Common law privacy rights, especially around things like hidden surveillance
- PIPEDA, Canada’s privacy law for federally regulated businesses and commercial activities
- Collective agreements, which may include specific terms about monitoring
- Human rights laws, especially if monitoring could impact someone’s protected rights
- Bill 88 (Working for Workers Act, 2022), which added rules about written electronic monitoring policies
So, even if you have a business reason for monitoring, it needs to be done transparently and in a way that respects your employees’ rights. In unionized environments, monitoring may be subject to collective agreements and must often be negotiated with the union.
Bill 88, Working for Workers Act, 2022
In 2022, Ontario introduced new requirements through Bill 88, the Working for Workers Act, making it mandatory for businesses with 25 or more employees to have a written electronic monitoring policy.
Your policy needs to be shared with:
- All employees within 30 days of being written or changed
- New hires within 30 days of starting
Even if you don’t electronically monitor your staff, you still need a policy that says so.
The policy has to include:
- Whether or not you monitor employees electronically
- How and when the monitoring happens (for example, during work hours or on company devices)
- Why you’re monitoring (e.g., security, performance tracking, safety)
- The date the policy was created and any date it was updated
The purpose of these requirements isn’t to stop employers from monitoring—it’s about making sure employees know when it’s happening and why. The law doesn’t give workers new privacy rights, but it does hold employers accountable for being transparent. That’s especially important in workplaces where productivity tools or monitoring software are used regularly.
When creating or updating your policy, focus on clarity and fairness. Be specific about what’s being tracked and when—for example, whether monitoring only applies during work hours or only on company devices. Explain your business reasons, such as protecting confidential data or supporting remote team management. And remember to revisit the policy regularly as your tools, teams, and work models evolve.
What to Include in Your Monitoring Policy
A solid electronic monitoring policy should cover:
- Whether you monitor employees or not
- What kind of tools you use (e.g., screen tracking, GPS, time-tracking apps)
- When and where the monitoring happens (e.g., only on company laptops during work hours)
- Why you’re doing it (e.g., for attendance, security, productivity tracking)
- How the data is handled and who has access to it
- The dates the policy was created and updated
- When and how employees get a copy
Tips for Rolling It Out
To make monitoring work for everyone:
- Explain the policy clearly during onboarding or a team meeting
- Stick to what’s in your policy—don’t start monitoring in new ways without updating it
- Review it yearly—especially if you’re adding new tools or changing work models
- Avoid hidden monitoring unless you’ve had legal advice (and a very good reason)
- Focus on fairness—use the tools to support performance, not punish mistakes
In short, surveillance and productivity tools can be valuable, but only if they’re used responsibly. Ontario’s rules don’t stop employers from monitoring, but they do require openness. Having a clear, well-communicated policy helps employees understand expectations and shows that your business takes both performance and privacy seriously.
Need a Compliant Electronic Monitoring Policy?
Ontario law requires transparency around workplace monitoring, but creating a policy that balances legal compliance with employee trust takes more than a template. Whether your business uses time-tracking software, GPS tools, or other productivity systems, we can help you develop a clear, legally compliant electronic monitoring policy that reflects your operations and meets the requirements of Bill 88.
Contact us to review or create your policy and stay ahead of your compliance obligations.
