My Ontario role now uses tracking software: what should the monitoring policy explain?

What the ESA rule actually requires

Ontario’s ESA requires an electronic-monitoring policy for employers meeting the 25-employee January 1 test. It must say whether monitoring occurs and, if it does, explain how, in what circumstances and for what purposes the information may be used. This is a policy-transparency requirement; it does not itself create a right to be free from monitoring or make every practice lawful. If tracking software is introduced, request the applicable policy and compare it with the actual collection you know about.

Identify the tool and the change

Keep a copy of the policy version you received, any notification about the software, and the date tracking began. Note whether the tool monitors a work device, a personal device, location, communications, or task activity. Ask what specific information is collected and under what circumstances the monitoring is activated. Do not assume that a screenshot of a software logo identifies all features or proves that every possible feature is being used. The policy should describe the actual practice, not just the product name.

Ask about purpose and access

Request a written explanation of the stated uses of the collected information, who receives it, and whether it affects performance reviews or disciplinary decisions. Keep that answer together with the policy. Separate a general disagreement about surveillance from a specific inaccurate record that is used against you. If a record is wrong, identify the exact entry and the facts that support your correction, rather than asking the employer to delete all lawful records. The policy may not cover every use, so your question should be specific to the tool and the information you know is collected.

A hypothetical example to guide your questions

Imagine you work for an Ontario employer with 40 employees on January 1. In March, the company installs tracking software on work laptops that records active window titles and keystroke counts. You receive a one-page policy stating that the company monitors work devices to measure productivity. You want to know if the policy is sufficient.

You could ask: “Does this policy cover the keystroke counting feature, or only the window-title logging? Who reviews the keystroke data, and is it used in my performance review?” This question helps you determine whether the policy matches the actual tool and whether the stated purpose is complete. It does not assume the monitoring is illegal or that you can disable it.

If the issue goes beyond disclosure

If your concern is not about the policy’s content but about the legality of the monitoring itself, the ESA policy requirement does not resolve it. You would need Ontario-specific advice about the actual tool, consent, device ownership, and applicable privacy or employment law. Bring your policy copy, the notification, and a list of the specific data you believe is collected. Do not covertly access another person’s account or copy confidential information to a personal archive. This guide does not approve all tracking, promise a right to disable work software, or imply that a written policy makes every monitoring practice lawful.

Next steps if the policy is missing or unclear

If the policy is missing or unclear, request a copy or clarification in writing and keep the reply. Ask Ontario employment standards about the applicable policy obligation. For a challenge to monitoring itself, bring the policy, tool notice, device-ownership facts and specific disputed data to someone who can assess Ontario privacy or employment law. Do not confuse a policy complaint with a finding that all monitoring is unlawful, and do not access other people’s accounts to collect evidence.

Need to take the next step?

More from this country