Bill 88 Electronic Monitoring Policy

Canadian Government Building

If you are an organization of more than 25 employees (including those working from different locations, plus casual and part time employees), then effective last January, 2022, you were required to have a written Electronic Monitoring Policy in place.  That is when Bill 88: Working for Workers Act, 2022 came into effect. 

The intention of this policy is to inform employees of any electronic monitoring your organization may be performing.  The policy document must describe how and when the monitoring may be done and why the monitoring is in place. There must also be a description of how any information collected may be used.  

It is important to note that this Bill 88 and the Employment Standards Act (ESA) are not meant to give employees a right to refuse electronic monitoring by their employer.  Neither is it meant to provide for any additional privacy rights for employees.  

Examples of electronic monitoring include:

Video surveillance and recording in public places
Access control system monitoring
Email monitoring
Internet activity
Applications downloaded
Phone call recording
GPS monitoring of company vehicles
Training module completions and scores

Need Assistance?

If you need assistance with drafting an Electronic Monitoring Policy, BSC Solutions Group can help, so reach out to us today In addition to helping with this document, we are experienced in working with organizations to develop other critical IT-related policies and procedures.  Some examples include:

Computer and Network Acceptable Use
EFT and Wire Transfer Policy
Disaster Recovery Plan
Incident Response Plan
Privacy Policy