In Ontario, an employer should be very cautious about releasing payroll, benefits, or account information following an employee’s death. Generally, information should only be provided to the legally authorized representative of the deceased employee’s estate, such as the executor named in the will or an estate trustee/administrator appointed by the court. Even where a family member contacts the employer, you should avoid providing access or disclosing personal information until you have confirmed that they have the legal authority to act on behalf of the estate.

As a best practice, employers should request supporting documentation before releasing any records or granting access. This would typically include a copy of the death certificate and proof of authority, such as a Certificate of Appointment of Estate Trustee (probate documents) or a copy of the will naming the executor. Depending on the type of information being requested, employers may also wish to limit disclosure to only what is reasonably necessary (for example, payroll records needed for estate administration or tax purposes). Access to the employee’s actual payroll system login or internal accounts should generally not be provided; instead, employers should retrieve and provide the relevant information directly.

It is also recommended that employers have an internal procedure for handling deceased employee records, including who is authorized to respond to requests, what documentation is required, and how access to systems is disabled or preserved. This helps ensure compliance with privacy obligations and reduces the risk of unauthorized disclosure.

I hope this helps —

-HRInsider Staff