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.