Electronic monitoring policy in Ontario: what ESA s. 41.1.1 requires at 25 employees
Updated 2026-10-30. Rules current to October 23, 2026. A plain-language summary, not legal advice. EmployerReady is not affiliated with the Government of Ontario.
Employers with 25 or more employees in Ontario on January 1 must have a written policy on the electronic monitoring of employees in place before March 1 of that year. The policy is a transparency document: it says whether you monitor and, if you do, how, when and why. It does not stop you from monitoring, and it does not create a privacy right.
Who needs the policy
The headcount works exactly as it does for the disconnecting from work policy: count the individual employees you employ in Ontario on January 1, across all locations, including part-time and casual staff (each counts as one), employees on leave or lay-off, probationary employees and officers who work for wages. Related employers treated as one under the ESA count together. Assignment employees of a temporary help agency count for the agency, not for its client. If the January 1 count is 25 or more, the rules apply for that calendar year even if you shrink later; if it is under 25, they do not apply that year even if you grow.
What counts as electronic monitoring
The government’s guide describes it as all forms of employee monitoring that are done electronically. Its examples: GPS tracking of a delivery vehicle, a sensor that records how quickly a cashier scans items, and tracking the websites employees visit during working hours. Monitoring is not limited to devices you issue or to time spent at the workplace. If you monitor through an employee’s own computer used for work, or while they work from home, the policy must say so.
What the policy must state
- Whether you electronically monitor employees. If you do not, the policy must say that plainly.
- If you do: a description of how you may monitor, the circumstances in which you may monitor, and the purposes for which information obtained through monitoring may be used.
- The date the policy was prepared and the date of any changes, with the day, month and year.
The guide’s GPS example shows the level of detail expected. How: the employer tracks the movement of delivery vehicles by GPS. Circumstances: for the whole workday, every workday. Purposes: setting routes for safety, confirming drivers stay on route, and addressing untruthful accounts of whereabouts during working hours. An employer that monitors email and chat would describe the software used, say that monitoring may happen at any time, and list purposes such as evaluating performance and ensuring appropriate use of equipment.
The policy must apply to all of your employees in Ontario, including management, and also to any temporary help agency assignment employees working for you. Different groups may have different terms, but everyone must be covered. The policy can be a stand-alone document or part of an HR manual.
What the policy does not change
- It does not give employees a right not to be monitored, and it does not create any new privacy right.
- It does not limit how you use the information you collect. The ESA says the section does not affect or limit an employer’s ability to use information obtained through electronic monitoring, even for a purpose the policy did not list.
- Complaints to the Ministry about this section can only be about failing to give employees or assignment employees a copy on time. The content of the policy cannot itself be the subject of an ESA complaint.
The guide adds that a policy may still create entitlements enforceable outside the ESA, and suggests legal advice on that point. We do not give it; see our FAQ.
Deadlines and copies
| Who | When they get a copy |
|---|---|
| Existing employees | Within 30 days of the day the policy had to be in place, and within 30 days of any change. |
| New employees | Within 30 days of becoming an employee, or within 30 days of the day the policy had to be in place, whichever is later. |
| Temporary help agency assignment employees working for you | Within 24 hours of the start of the assignment, or within 30 days of the day the policy had to be in place, whichever is later. |
Copies can be printed, attached to an email the employee can print, or provided as a link the employee can reasonably access and print. Keep every version for three years after it stops being in effect. There is no need to write a new policy each year; recount on January 1, give copies to newcomers, and re-issue when the wording changes.
Sources
- Employment Standards Act, 2000 (s. 41.1.1 policy, content, copies, complaints and use of information; s. 15(8.2) records)
- Your guide to the ESA: written policy on electronic monitoring of employees (ontario.ca: counting, examples, copy deadlines)
Common questions
Which Ontario employers need an electronic monitoring policy?
Employers with 25 or more employees in Ontario on January 1 of a year must have a written policy in place before March 1 of that year (ESA s. 41.1.1). Count heads, not full-time equivalents, across all Ontario locations.
What does an electronic monitoring policy have to say?
Whether the employer electronically monitors employees and, if so, how and in what circumstances it may monitor and the purposes for which the information may be used, plus the date prepared and the date of any changes. If you do not monitor, the policy must say so.
Does the policy limit how I can use monitoring information?
No. ESA s. 41.1.1(7) says the section does not affect or limit an employer’s ability to use information obtained through electronic monitoring. The policy requirement is about transparency, not restriction.
Does the ESA give employees a right to privacy at work?
The government’s guide says these requirements do not establish a right not to be monitored and do not create new privacy rights. Employees of covered employers have a right to receive the policy.
When must temporary agency workers get a copy?
A client employer that must have the policy gives each assignment employee a copy within 24 hours of the start of the assignment, or within 30 days of the day the policy had to be in place, whichever is later.