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Home My Public Portal AboutBy-law 2023-24 Adopt Electronic Monitoring PolicyCORPORATION OF THE MUNICIPALITY OF TWEED BY-LAW NO. 2023-24 Being a By-law to Adopt an Electronic Monitoring Policy for the Municipality of Tweed. WHEREAS the Municipal Act, 2001. S.O. 2021, c. 25, as amended, provides the general authority for Councils to adopt policies; AND WHEREAS PART XI.1 of the Employment Standards Act, 2000, S. O. 2000, c. 41, as amended, requires that an employer that, on January 1 of any year, employs 25 or more employees shall, before March 1 of that year, ensure it has a written policy in place for all employees with respect to electronic monitoring of employees that includes the date the policy was prepared and the date any changes were made to the policy; AND WHEREAS the Council of the Corporation of the Municipality of Tweed deems it expedient to adopt an Electronic Monitoring Policy for the Municipality of Tweed; NOW THEREFORE the Council of the Corporation of the Municipality of Tweed enacts as follows: 1. THAT the Electronic Monitoring Policy attached hereto as Schedule 'A' to this By-law, is hereby adopted as the Electronic Monitoring Policy for the Municipality of Tweed. 2. THAT Schedule 'A' attached hereto forms part of this By-law. 3. THAT this By-law shall come into force and take effect immediately upon the passing thereof by the Council of the Corporation of the Municipality of Tweed. Read a first, second, and third and final time, passed, signed, and sealed in open Council this 11th day of April, 2023. Del,v G��l�-✓rev MAYOR SCHEDULE 'A' TO BY-LAW NO. 2023-24 ELECTRONIC MONITORING POLICY 1. PURPOSE A) To inform employees of the Municipality of Tweed's electronic monitoring systems and practices. B) The Municipality of Tweed makes use of a variety of electronic systems to support communication, information sharing, and work continuity and to ensure the safety and security of the Municipal staff, property, and resources. In general, these systems are monitored for accounting and security purposes, however, the Municipality of Tweed reserves the right to review and access all information contained within its systems at any time. C) This Policy is intended to identify electronic monitoring systems that may be in use by the Municipality and to clarify what information may be obtained by these systems and how that information may be used. This policy should be read in conjunction with other Municipal policies, including but not limited to Social Media Policy, Cell Phone Policy, and Codes of Conduct for Council and Employees. 2. DEFINITIONS A) Wherever a word is used in this Policy with its first letter capitalized, the term is being used as it is defined in this Section. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. Defined terms may be used throughout this policy in different grammatical contexts. B) "Electronic Monitoring" includes all forms of employee monitoring that is done electronically, including but not limited to building security codes, swipe cards, system accounts, GPS technology, video surveillance, time clocks and scheduling systems. C) "Municipality" shall mean the Corporation of the Municipality of Tweed. Page 1 of 4 3. APPLICATION A) This policy applies to all employees, as defined by the Ontario Employment Standards Act, 2000, S.O. 2000, c. 41, as amended, ("ESA"), whether they are working remotely, in the workplace, flexibly or are mobile, and to all employees of any temporary help agencies that are assigned to work at the Municipality, if any. B) Employer Obligations The Municipality will provide a copy of this policy to all employees within 30 days of implementation or change, to all new employees of the Municipality no later than 30 days after they become an employee and to all assignment employees assigned to perform work for the Municipality within 24 hours of the start of the assignment. C) Employee Obligations Employees of the Municipality will comply with all safety and security policies and protocols as they relate to the use of Municipal property, including electronic resources. Employees will refer to and comply with the Municipality's IT policies. 4. ELECTRONIC MONITORING SYSTEMS The Municipality utilizes a range of electronic systems to support and secure operations and deliver services. All are monitored for security and compliance purposes. These include: 1. Building Security Systems — The Municipality may monitor access to Municipal properties with the use of security codes, swipe cards, and fobs. These logs are reviewed on an as required basis to identify unauthorized access. 2. Video Surveillance — The Municipality may utilize video surveillance at some locations to assist with security and safety concerns. The logs and recordings are reviewed on an as required basis. 3. Applications and network (including but not limited to email, documents, M365 applications including teams, Laserfiche Cloud, and Asyst Cloud) — All use of Municipal applications and network are identifiable by user, device and device location. �"� Page 2 of 4 4. Remote access — All remote access use of Municipal network and applications are identifiable by user, device and device location. 5. GPS Technology — Municipal vehicles may be outfitted with GPS technology which permits electronic monitoring. Electronic monitoring is used to ensure compliance with all regulatory requirements including health & safety, support investigations, monitor operational performance, and ensure compliance with policy & procedures. 6. Telephone systems and mobile phones — The Municipality may monitor mobile and landline telephone usage via system logs and regular invoicing provided by service providers. A mobile device management system is also in place through service providers to secure and manage mobile device software. This system can track device location if deemed necessary for a lost or stolen device. Mobile device location tracking may also be used in the event of employee emergency or safety alerts in some instances. 7. Timeclocks and Scheduling systems — Timeclocks and scheduling systems are utilized to track employee work hours for payroll purposes. A) The Municipality's electronic network and systems are monitored continuously to check for breaches of security systems and to ensure compliance with Municipal policies. All traffic originating or terminating on the Municipality's network is recorded, including copies of all email messages sent and received by addresses within the Municipality's domain. B) Regular monitoring of the electronic network is completed in order to audit and review compliance with the Municipality's policies and legislation. A routine analysis does not involve reading the content of electronic mail or files. C) If due to a routine analysis, a complaint, a Freedom of Information Request, or if the Municipality reasonably suspects misuse of the network or other misconduct, special monitoring without prior notice may occur. All investigations will be undertaken in accordance with Municipal policies and Employees may be subject to disciplinary action as a result of information obtained through electronic monitoring. /"L Page 3 of 4 5. POSTING AND NOTICE A) The Municipality shall provide a copy of this Policy to each employee of the Municipality within 30 calendar days of implementation. Should any changes be made to the Policy after its implementation, the Municipality shall provide each employee of the Municipality a copy of the revised Policy within 30 days of the changes being made. B) 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. C) The Municipality shall provide a copy of this Policy to assignment employees assigned to perform work for the Municipality within 24 hours of the start of their assignment, or within 30 calendar days of the Policy's implementation. D) The Municipality shall retain a copy of this and any revised version of this policy for three (3) years after it ceases to be in effect. Original Date Reviewed: Original Date Implemented: Last Revised: March 28, 2023 April 11, 2023 N/A /''r1 Page 4 of 4