April 22, 2025

By Brian Babcock

In the digital age, workplace surveillance has become increasingly common, raising important legal and ethical questions. Ontario employers often monitor employees through video surveillance, email tracking, GPS tracking, and other technological means. However, there are legal limits on how far workplace monitoring can go. Here’s what employees and employers need to know about workplace surveillance laws in Ontario.

1. Is Workplace Surveillance Legal in Ontario?

Yes, workplace surveillance is legal in Ontario, but it must comply with privacy laws and employment standards. Unlike some provinces, Ontario does not have a comprehensive private-sector privacy law that governs workplace surveillance. However, employers must adhere to specific limitations and general principles of reasonableness, transparency, and necessity when monitoring employees.

The Employment Standards Act now requires employers with more than 25 employees to have written policies on employee monitoring.

2. Video Surveillance in the Workplace

Employers may use video surveillance for security purposes, but there are restrictions:

• Notice & Justification: Employers should notify employees about surveillance and explain the reasons for it (e.g., preventing theft or ensuring safety).
• Reasonableness: Cameras should not be placed in private areas such as restrooms or changing rooms.
• Retention & Access: Surveillance footage should be stored securely and accessed only when necessary.

3. Email and Internet Monitoring

Employers may monitor workplace email and internet usage to ensure productivity and prevent security breaches. However:

• Policy Disclosure: Employers should have a clear policy outlining what is being monitored and why.
• Reasonable Expectation of Privacy: Employees using company-provided email and devices should be aware when their communications may be reviewed.
• Legitimate Business Interest: Employers must have a valid reason for monitoring, such as protecting confidential information.

4. GPS Tracking of Employees

Some Ontario employers use GPS tracking in company vehicles or mobile devices to monitor employee locations. Legally:

• Consent is Required: Employees must be informed if their location is being tracked.
• Work-Related Purposes: GPS tracking should be limited to work hours and for business-related reasons only.
• Privacy Considerations: Employers should not use tracking to monitor employees’ personal activities outside of work.

5. Recording Employee Conversations

Audio recording employees without consent is generally discouraged and may violate privacy and criminal  laws unless there is a legitimate legal justification. Employers should:

• Obtain employee consent if recording workplace conversations.
• Avoid recording in areas where employees have a reasonable expectation of privacy.
• Ensure compliance with any applicable privacy and criminal laws.

6. Balancing Workplace Surveillance with Employee Rights

Ontario employers must balance their right to monitor with employees’ rights to privacy. Key best practices include:

• Transparency: Clearly communicate surveillance policies to employees.
• Proportionality: Ensure monitoring is not excessive and is proportionate to business needs.
• Compliance: Follow legal guidelines and update policies as privacy laws evolve.

 

Takeaways

• Workplace surveillance in Ontario is a complex issue requiring careful consideration of legal and ethical factors.
• Employers should ensure they have clear policies, inform employees of monitoring practices, and limit surveillance to necessary business purposes.
• Employees, in turn, should be aware of their rights and workplace policies regarding surveillance.
• As technology advances, Ontario laws may evolve to further regulate workplace monitoring, making it essential for both employers and employees to stay informed.

 

What Weilers LLP can do to help you

At Weilers LLP, we have a track record of over 75 years in employment law in Thunder Bay and throughout Northwestern Ontario. Our progressive approach melds with this proud tradition to put our clients’ best interests first. This equips us to give you the sound advice you need, whether drafting a policy or dealing with issues in implementation..

For the timely advice you need, give us a call and find out if Weilers LLP are the right lawyers for you.