What Employees in Ontario Need to Know About AI Use at Work
In Ontario, employers generally have the right to set workplace policies, including restrictions on technology such as artificial intelligence.
If your employer has clearly communicated a policy limiting or banning AI tools, you will be generally expected to follow it if that’s the employer’s clear expectation and/or practice. Using AI “under the radar” — even with the best intentions — can still lead to discipline of workers, ranging from warnings to suspension, or even dismissal if the conduct is flagrant or negligent. The law requires discipline to be proportionate, so the context really matters.
If you’re an employee in Ontario, you owe an implicit duty of “loyalty” to your employer and a duty to comply with legit terms of employment. Employers may argue that unauthorized AI use risks confidentiality breaches, data security violations, lesser quality or other workplace obligations.
However, the employer’s policy does not have to be the end of the conversation. If AI helps you work smarter, not harder (e.g. when used carefully and prudently), it may be worth raising with a supportive manager or human resources. Workers may consider framing their request around efficiency and safeguards. That could open the door to exceptions or policy changes. If you’re unionized, you may also have the right to challenge a policy that feels unreasonable.
But workers should tread carefully. Employment law is fact-specific, and what’s “reasonable” can depend on your role, your contract and the nature of your workplace.
You could face consequences if you use AI against policy. Before taking risks, it’s wise to understand your rights and options. Workers and employers should consider getting employment law advice if they are not sure about policy wording or compliance issues regarding use of AI at work.
If you are a worker, organization or business looking for employment law advice please feel free to connect with me, Wes Jamieson, at my direct number 905-572-5806, by email at wjamieson@rossmcbride.com or linkedin.com/in/wesjamieson.
This article was originally published by The Hamilton Spectator.
