This online version is for convenience; the official version of this policy is housed in the University Secretariat. In case of discrepancy between the online version and the official version held by the Secretariat, the official version shall prevail.
Approving Authority: President
Original Approval Date: October 11, 2022
Effective Date: October 11, 2022
Date of Most Recent Review/Revision: N/A
Office of Accountability: Chief Human Resources and Equity Officer
Administrative Responsibility: Human Resources
1.01 To provide transparency about the University’s use of Electronic Monitoring tools for Employee activity in accordance with the requirements under Bill 88, Working for Workers Act, 2022. This Policy is intended to outline the University’s Electronic Monitoring practices and should be read in conjunction with other applicable University policies, guidelines, or standards.
2.01 Contractor(s): Any person(s) providing services or goods to the University under a contract or other agreement not paid as an Employee through the University’s payroll system.
2.02 Electronic Monitoring: Employee monitoring that is done electronically.
Types of Electronic Monitoring:
a. Active Electronic Monitoring: The use of Electronic Monitoring tools that are intended to actively track Employee activity or location and is monitored in real-time or within a short period of time following collection. For example, active Electronic Monitoring tools may include a cyber security alert of a suspicious user logon activity or potential compromised user account.
b. Passive Electronic Monitoring: The collection, analysis and/or retention of data that may include, without limitation, data about Employee activity or location either in physical spaces or on the University’s network that is not actively monitored but may be used for future purposes. Examples of passive Electronic Monitoring tools may include network file or system access audit logs.
2.03 Electronic Monitoring Tools: hardware or software technologies that are utilized for Electronic Monitoring
2.04 Employee(s): Employee(s) means a person who performs work for wages in any capacity for the University, and for the purposes of this Policy, excludes Students, Volunteers, Contractors, and any other person who provides services for compensation that are excluded under the Employment Standards Act.
2.05 Student(s): An individual registered in a course of study as a Student at the University, either full-time or part-time, pursuing undergraduate, graduate, or non-degree certificate programs.
3.01 This Policy applies to Employees of the University, as defined in this Policy.
4.01 The University uses various Electronic Monitoring tools in different circumstances and for different purposes in the course of conducting its business and operations.
4.02 The University may use data collected from Active or Passive Electronic Monitoring tools for employment-related purposes and reserves any and all rights to do so, subject to applicable laws, collective bargaining agreements and employment contracts.
4.03 Appendix A, Electronic Monitoring Tools, outlines examples of how and in what circumstances the University may use Electronic Monitoring tools, and the purposes for which information obtained through Electronic Monitoring tools may be used by the University.
4.04 In addition to the purposes listed in Appendix A, the University may access any Electronic Monitoring tools for the purposes of investigating issues related to Employee misconduct, including whether to issue an Employee discipline, up to and including termination of employment. The University’s use of any Electronic Monitoring tools for employment-related purposes is further subject to any rights an Employee may otherwise have per their employment contract, collective agreement or otherwise at law.
4.05 This Policy does not provide Employees any new privacy rights or a right to not be Electronically Monitored. Nothing in this Policy affects or limits the University’s rights and ability to conduct, or use information obtained through, Electronic Monitoring.
4.06 Nothing in this Policy is intended to amend or supersede any grievance procedure or other aspect of any applicable collective agreement.
4.07 In the event the University collects any personal information, as defined in the Freedom of Information and Protection of Privacy Act (FIPPA), when using the Electronic Monitoring tools listed in Appendix A, the University shall collect, use and disclose personal information in accordance with applicable legislation, including, but not limited to, FIPPA.