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HomeMy WebLinkAboutBy-law No. 2022-069THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-069 BEING A BY-LAW TO ADOPT AN ELECTRONIC MONITORING POLICY WHEREAS the Provincial Government passed Bill 88, amending the Working for Workers Act, 2021 on April 11, 20221 AND WHEREAS this Bill requires employers with more than 25 employees to implement an Electronic Monitoring Policy on or before October 11, 2022; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to adopt an Electronic Monitoring Policy; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT an Electronic Monitoring Policy attached as Schedule "A" be adopted; 2. THAT this by-law shall take force and effect on the day of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6t" DAY OF OCTOBER 2022. MAYOR ER - unity 15 Municipality of Bayham Electronic Monitoring Policy Section 1 — Purpose 1 The Municipality of Bayham (hereinafter, the "Municipality") is providing transparency to employees with respect to electronic monitoring capabilities and purposes, which may be utilized during the course of employment. 12 The Policy should be read alongside the Municipality's related Policies, including but not limited to: ■ Personnel Policy ■ Non -Union Work From Home Policy • Any relevant and applicable legislation such as the Employment Standards Act, 2000 ("ESA"), including the amendments to the ESA arising from the Working for Workers Act, 2021, Bill 88, and the Occupational Health and Safety Act * Applicable Collective Agreement articles for CUPE ■ Any other policy that may become applicable and/or relevant. Section 2 — Scope 2.1 This Policy applies to all Employees of the Municipality, whether they are working on - site, remotely, or through an approved flexible work arrangement. Section 3 — Definitions 3 1 Electronic Monitoring refers to all forms of employee monitoring that is done using electronic means. Some examples (not specific to the Municipality) include, where an employer uses GPS to track the movement of an employee's delivery vehicle; or uses an electronic sensor to track employee productivity; or tracks websites that employees visit during working hours. Employee has the same definition as "employee" in section 1(1) of the ESA. Section 4 — Policy General The Municipality uses various electronic monitoring tools in different circumstances and for different purposes as described in Appendix "A" to this policy. 4 2 The Municipality utilizes tools that are able to both actively and passively monitor employee activity. The majority of the Municipality's electronic monitoring is done passively, through the creation of electronic records by employees in the normal course of fulfilling their employment duties. 4.3 Information gathered via the Electronic Monitoring activities described in Appendix "A" may be used for employment -related purposes including, but not limited to, purposes such as assessing productivity, in the investigation of alleged violations of law, regulations, or applicable Municipal policies, procedures and expectations, or other instances of misconduct or concerns related to health, safety and security. 4.4 The Municipality may also audit Electronic Monitoring information at any time, subject to limitations imposed by contracts of employment, collective agreements or applicable law. 4.5 The result of electronic monitoring may lead to discipline, up to and including termination of employment, if warranted in the circumstances. 4.6 The Municipality values employee privacy and its use of information obtained from electronic monitoring tools for employment -related or disciplinary purposes is discretionary, and is subject to any rights an employee may otherwise have per their employment contract, collective agreement or otherwise at law. This Policy does not create any new privacy rights for employees or a right to not be electronically monitored. Nothing in this policy affects or limits the Municipality's ability to use information obtained through electronic monitoring, subject to applicable law. 4.7 The Municipality reserves the right to monitor Information Technology assets and services belonging to the Municipality to ensure secure, effective, and appropriate use. Employees should not have an expectation of privacy as it relates to their usage of Municipality Information Technology or the location of Municipality assets, including laptops and mobile devices. Section 5 —Employer Obligations SA The Municipality may reasonably utilize Electronic Monitoring for any valid business purpose. The Municipality will continue to be transparent with Employees with respect to any electronic monitoring capabilities, as technology evolves. 5.2 Employee electronic monitoring data is made available to a limited number of authorized representatives, or third parties associated with the Municipality, and is restricted based on requirements for legitimate business purposes. Information access is on an as -needed basis and will comply with related policies, confidentiality, and security requirements. Section 6 — Employee Obligations 5.1 Employees of the Municipality should always ensure they are working within the policies of the Municipality, including policies related to use of Municipal technology. 6.2 When unsure, employees are encouraged to ask their supervisor or the CAO for instruction or clarification on appropriate usage. Section 7 — Posting, Notice, and Retention 7.1 The Municipality shall provide a copy of this Policy to each employee within 30 calendar days of implementation. Should any changes be made to the Policy after its implementation, the Municipality shall provide each employee a copy of the revised Policy within 30 days of the changes being made. 7.2 The Municipality shall provide a copy of this Policy to all new employees upon onboarding and within 30 calendar days of the employee commencing employment with the Municipality. 7.3 The Municipality shall retain a copy of this and any revised version of this Policy for three years after it ceases to be in effect. 7.4 The Municipality may amend this Policy from time to time in its sole discretion. If the Municipality amends this policy, it will provide an amended copy of the Policy to employees within thirty (30) days of the changes being made. APPENDIX `A' Electronic Monitoring Tool Physical Key FOBs, access Security cards, alarm panels, cards, etc., with electronic functionality CCTV Video Camera Systems Location Tracking (Laptops, Mobile Devices) Circumstances in which Electronic Monitoring Mav Occur At any time during use Continuous At any time during use How Electronic Monitoring Occurs An electronic sensor creates a record each time an authorized user scans the key fob (etc.) and enters a Municipal facility or part thereof; Cameras record video footage of specific areas within certain Municipal facilities and properties, including the administration building and public works yard Mobile Device Management Software tracks location of devices; Purpose(s) for which the collected information may be used* Authenticating entry into buildings; security of premises; verification of attendance; Physical security; employee security; investigations; parking enforcement; Locating corporate assets; Health and safety (assisting in locating employee); Electronic Circumstances ' How Electronic Purpose(s) for Monitoring Tool in which Monitoring Occurs which the Electronic collected Monitoring information may May Occur be used* Network Firewalls, Virtual Continuous Network security Network security; Security Private Networks programs and tools (VPN) / Web monitor use and access Gateway of Municipal systems and networks; IT security Continuous Software tracks and Network security; software / triggers events for cybersecurity suspicious or risky use prevention tools activity (e.g. quarantining and preventing suspicious e-mail); Wi-Fi Access At any time Records maintained Network security; Points during use regarding access to WiFi access point including device, user, time, duration of use; Network Servers At any time Create records of all e- Network security; during use mails sent and received, all electronic records created and saved, all websites accessed, information details regarding when, how, from what ID, from what device, etc. Electronic Monitoring Tool Software I Mobile Device Management Software Circumstances in which Electronic Monitoring May Occur Continuous Where an e-mail is quarantined, ITS and authorized managers can read content of e- mail; _ How Electronic Monitoring Occurs Purpose(s) for which the collected information may be used* Software monitors and Track user creates records of activity serial number of device, provider information, operating system, applications installed, WiFi History; *All electronic monitoring information may be used for employment -related or disciplinary purposes as set out in this Policy.