Electronic Monitoring

Policy Statement

This Policy identifies the circumstances in which the City of Toronto (“City”) engages or may engage in electronic monitoring of employees, directly or indirectly, and the purposes for which the information obtained through the electronic monitoring may be used.

Background

Amendments to the Employment Standards Act, 2000, require all employers, including the City, to prepare a written policy concerning electronic monitoring of employees and to provide a copy of that policy to all employees.

The Policy must outline the following:

  • If, how, and in what circumstances electronic monitoring occurs;
  • The purposes for which information obtained through electronic monitoring may be used; and
  • The date the policy was prepared and the date of any changes made.

The amendments do not establish a right for employees not to be electronically monitored, nor create any new privacy rights for employees.

Definitions

Electronic Monitoring

Includes all forms of monitoring of employees that is done electronically throughout the workplace, directly or indirectly, whether continuously, episodically, or on an as needed basis.

Application

This Policy applies to all City of Toronto employees.

How and In What Circumstances Electronic Monitoring Occurs

City resources are provided to employees to deliver services for residents, reduce work related risk, improve productivity of business operations, and enhance the effectiveness of communications. The City reserves the right to electronically monitor employees, directly or indirectly, at its discretion. Employees should not expect absolute privacy in relation to their use of City resources, and should not assume that any use of City resources is exempt from electronic monitoring in accordance with this Policy.

As of the date of this Policy, electronic monitoring may be performed directly or indirectly, whether continuously, episodically, or on an as needed basis, through the following assets, systems, services, equipment, and devices at the City:

Asset

  • Global Positioning System & Automatic Vehicle Locator GPS/AVL
  • Fleet telematics (on-board diagnostic technology to provide information about the vehicle)

System

  • Radio and internal communication broadcasting systems
  • Cisco Jabber/instant messaging
  • Office 365 / internal shared drives
  • WebEx Video Conferencing
  • Crowdstrike
  • Zscaler software
  • DocuSign software
  • Outlook email
  • Software and internet usage
  • Lagan Enterprise Case Management System
  • IBMS, Word Press, PTMS, RICO, IPets, CSAR, PRAR
  • Electronic sign-in/sign-out system (database)
  • ESS Entries
  • Electronic productivity counters/monitors (e.g. a rule regarding the use of a device that counts how long an employee spent dealing with an issue on the phone or at the counter)
  • POA Website ID & Finesse and Q-matic dashboards
  • HRIS systems
  • ICON Software – Court Administration Data Entry Report
  • ISCUS Software – Court Support Utilization Report and Municipal Prosecutors Total Hours and Daily Averages
  • Cisco Unified Intelligence Centre
  • Kronos
  • Social Assistance Maintenance System
  • Other third party systems: Canada Revenue Agency, Ontario Student Assistance Program, Family Responsibility Office, Equifax, Ministry of Transportation and National Child Benefit Support.
  • NICE Recording System
  • MobiCAD
  • Air-Watch
  • MyGeoTab – Fleet Services
  • TCHIS, THEIS/ICIS, CORES, Apex Applications – STAR, IRIS and DIS, iPHIS, OLIS, Panorama, COVax, STIX, PEAR, ICON, OHISS, HCD-ISCIS, CCM, Cloud systems: FrontDesk, CheckMarket, and AbelDent.
  • Numonix
  • Toronto Maintenance Management System
  • PointClickCare
  • CDIP Time & Activity Tracking
  • DAQI Quality Improvement Audit
  • CQI Chart Audit
  • SHC Documentation Audit
  • TPH Monthly Staff Work Activity Audit
  • CDLU Documentation & Audit Procedure

Service

  • CCTV
  • Contact/call centres
  • Biometric readers
  • Mailroom
  • Phone in Payment/Tax Roll POA Collection

Equipment

  • Telephone and cellular phone systems/voice mail (roaming and data usage)
  • Laptop and tablet work stations
  • Fax/Lagan ECM System
  • Photocopier/scanner password equipped
  • Live monitoring as an extension of quality monitoring programs

Hard device

  • Security proxy-card access
  • Contact Centre Duress Buttons

This list is not exhaustive and may be updated as policies, practices, and procedures change, or as assets, systems, services, equipment, and devices, are upgraded or replaced.

How Information Obtained Through Electronic Monitoring May Be Used

Information obtained through electronic monitoring may be used for all purposes consistent with the City’s responsibilities as a municipality, any City By-law, policy, practice, or procedure, and the City’s obligations pursuant to the various Collective Agreements with the City’s bargaining units.

Such purposes include but are not limited to employee safety, the protection and security of the City’s resources, monitoring employee compliance with applicable policies and procedures, and complaint response.

Other purposes may include:

  • Workforce management
  • Operational auditing, monitoring, and reporting
  • Health and safety monitoring
  • WSIB or Ministry of Labour investigations
  • Coaching and quality improvement
  • Labour Relations-related investigations
  • Privacy complaints, monitoring, and auditing
  • Security incidents, including workplace violence, thefts, vandalism, and threats
  • IT related investigations
  • Regulatory college reporting
  • Data review and pattern monitoring
  • Resolving technical issues
  • As evidence for forensic investigations on behalf of the City or an authorized third party such as law enforcement agencies or other government bodies
  • Responding to freedom of information requests, litigation-related requests, or otherwise as required by law.

Information obtained by the City through electronic monitoring shall be collected, maintained and dispersed in accordance with the City’s responsibilities as a municipality, any City By-law, policy, practice, or procedure, and the City’s obligations pursuant to the various Collective Agreements with the City’s bargaining units.

Related By-laws, Policies, and Procedures

This Policy is to be read, implemented, and interpreted with other related By-laws, policies, and procedures, including but not limited to:

  • Acceptable Use of Information Technology Assets Policy
  • Acceptable Use Policy – User Monitoring Procedures
  • Application of City Policies to Social Media Use
  • Access Management Policy
  • Business Expense Policy
  • Corporate Information Security Policy:
  • Cyber Security Policy
  • Fleet Safety Policy
  • Information Management Accountability Policy
  • Information Technology Asset Management Policy
  • Information Technology Asset Management Validation and Reporting Procedures
  • Information Technology Software Asset Management Procedures
  • Human Resources Management and Ethical Framework for Members’ Staff
  • Human Resources Protocol for Toronto’s Accountability Officers
  • Mobile Device Management Policy
  • Protection of Privacy Policy
  • Purchasing Card Program Policies and Procedures
  • Toronto Municipal Code, Chapter 3, Accountability Officers
  • Toronto Municipal Code, Chapter 192, Public Service By-Law
  • Toronto Municipal Code, Chapter 217, Records, Corporate (City)

Approved By

Tracey Cook, Interim City Manager

Date Approved

October 7, 2022

Effective Date

October 11, 2022