Can Your Employer Monitor or Record You at Work in Ontario?
Employers can monitor staff for legitimate reasons, but there are limits and a disclosure rule. Here is what your employer can and cannot do, and whether you can record them.
Key takeaways
- Employers can monitor employees for legitimate business reasons, but your privacy is not zero at work.
- Employers with 25 or more employees must have a written electronic monitoring policy telling staff how and why they are monitored.
- Cameras are allowed in general work areas but not in private spaces like washrooms or change rooms.
- Canada is a one-party consent country, so you can generally record a conversation you are part of.
- Monitoring used to harass you or build an unfair case can be challenged.
In this article
Cameras, computer tracking, GPS, call recording: monitoring at work is everywhere, and it makes a lot of people uneasy. The law lets employers monitor for legitimate reasons, but it is not a free-for-all, and recent Ontario rules have added a transparency requirement.
✅Quick answer. Yes, employers can monitor staff for legitimate business reasons, and you have a reduced expectation of privacy on work systems and premises. But there are limits: employers with 25 or more employees must have a written policy disclosing electronic monitoring, cameras are not allowed in private areas, and monitoring used to harass or unfairly target you can be challenged. You can also generally record conversations you are part of.
Can your employer watch and monitor you at work?
Generally yes, for legitimate purposes like security, safety, productivity, and protecting property. On work computers, phones, and premises your expectation of privacy is lower than at home. That said, monitoring still has to be reasonable and connected to a real business purpose, not a pretext to single someone out.
The electronic monitoring policy rule
Ontario now requires employers with 25 or more employees to have a written policy on electronic monitoring. It must explain whether and how the employer monitors employees electronically (for example, tracking computer use, email, or GPS), and the purpose. This is a transparency requirement: it does not ban monitoring, but it means you are entitled to be told it is happening.
Cameras at work
Video cameras are generally permitted in open, general work areas for legitimate reasons such as security. They are not permitted in places where people have a clear expectation of privacy, like washrooms and change rooms. Covert cameras aimed at catching a specific employee raise additional concerns and are more vulnerable to challenge.
Can they monitor your computer and email?
On employer-owned systems, usually yes, especially where there is a policy. Treat your work email, messages, and browsing on company devices as potentially visible to your employer. If you need to keep something private, do not put it on a work system.
Can your employer record you, and can you record them?
Canada uses a one-party consent rule for recording conversations. That means you can generally and lawfully record a conversation you are a participant in, even without telling the other person. The same rule lets an employer record a conversation it is part of. What is illegal is recording a private conversation you are not part of. So if you are heading into a difficult meeting, you are usually entitled to record it.
What if monitoring crosses a line?
Monitoring that is used to demean you, single you out, or manufacture a case against you can feed into other claims. Persistent, targeted surveillance can contribute to a poisoned work environment and even support a constructive dismissal or a harassment complaint. If you were disciplined or dismissed based on surveillance, it is worth having the situation reviewed. A free review can tell you where you stand.
Frequently asked questions
Can my employer monitor me without telling me in Ontario?
Employers with 25 or more employees must have a written policy disclosing electronic monitoring. Even so, the rule is about transparency, not a ban. Monitoring for legitimate business reasons is generally allowed.
Can my employer put cameras in the workplace?
Yes, in general work areas for legitimate reasons like security, but not in private spaces such as washrooms or change rooms. Covert cameras targeting a specific employee are more open to challenge.
Can I record a conversation with my boss in Ontario?
Generally yes. Canada uses one-party consent, so you can lawfully record a conversation you are part of, even without telling the other person. You cannot record a private conversation you are not part of.
Can my employer read my work email?
Usually yes, on employer-owned systems, particularly where there is a monitoring policy. Treat anything on company devices and accounts as potentially visible to your employer.
Daniel Carter
Legal Writer, Mirza Law
Daniel Carter is a legal writer at Mirza Law in Toronto. He writes about layoffs, employment contracts, and the steps to take before you sign anything from your employer.
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