In Canada, you can legally record a phone call if you are a participant, following the one-party consent rule. Some provinces, like Quebec, have stricter privacy laws requiring consent from all parties. Recording calls you are not part of or using recordings illegally is always prohibited.
If you are in Canada, you might wonder whether it’s legal to record a phone call. Maybe you want to save details of an important conversation, protect yourself from scams, or have evidence of harassment. The answer is not always simple because Canadian law varies by federal and provincial rules. But once you understand the key principles, you’ll know when it’s legal and when it could get you in trouble.
Let’s walk through the laws, what consent means, workplace considerations, and practical tips so you can record calls safely.
Understanding Canada’s Call Recording Laws
The Criminal Code and One-Party Consent
In Canada, the main law covering call recording is the Criminal Code of Canada. It generally follows a one-party consent rule, which means:
- You can legally record a call if you are a participant.
- You do not need to get consent from the other person.
Example:
If you are on a phone call with a client and press record to remember instructions, this is legal. You are a participant, so consent from the other person is not required.
Provincial Privacy Laws
While federal law allows one-party consent, some provinces have additional privacy regulations:
- Quebec has stricter privacy rules and may require consent in certain situations.
- British Columbia and Alberta have privacy legislation that governs how recordings are stored, shared, or used.
- Other provinces generally follow federal one-party consent rules for personal recordings.
Tip: Always check provincial laws if you plan to share or use recordings publicly, especially in Quebec.
When Recording a Call Becomes Illegal
Even with one-party consent, recording can be illegal in these situations:
- Recording conversations you are not part of
Intercepting calls between two other people without being a participant is always illegal. - Recording for illegal purposes
Using recordings to harass, blackmail, threaten, or commit fraud is prohibited. - Workplace recordings without following policy
Employers and employees must comply with privacy laws and workplace policies. Secretly recording calls between coworkers may be illegal. - Sharing recordings publicly
Even if your recording is legal, posting it online without consent may violate privacy laws or defamation rules.
Examples of Legal Call Recording in Canada
Here are examples of situations where recording calls is generally legal:
- Personal reference: Recording a call to remember important details.
- Evidence of harassment or scams: Recording threatening or suspicious calls.
- Business communication: Recording calls you participate in for compliance, documentation, or training purposes.
- Meetings: Recording virtual meetings like Zoom or Teams that you are part of.
Tip: Even if it is legal, telling the other person can prevent misunderstandings and maintain trust.
Read More: Is it illegal to Record Phone Calls in UK?
Workplace and Business Considerations
Employees Recording Calls
As an employee, you may want to record work calls. Here’s what to keep in mind:
- Recording calls you are part of is generally legal.
- Avoid recording private conversations between coworkers that you are not involved in.
- Follow company policies about call recording.
Employers Recording Calls
Employers have additional responsibilities:
- Notify employees if calls are recorded.
- Use recordings only for legitimate purposes such as training or quality control.
- Avoid secretly recording employees’ conversations without consent.
Example:
A call center in Canada may announce at the start of each call that the conversation may be recorded for training purposes. This ensures compliance and transparency.
Recording Calls with Law Enforcement
You may wonder if you can record calls involving police or authorities:
- If you are part of the conversation, it is generally legal.
- Secretly recording law enforcement communications you are not involved in is illegal.
- Legally obtained recordings can sometimes be used as evidence in court.
Using Recordings as Evidence in Court
Legally obtained recordings can often be presented in Canadian courts:
- The recording must be lawful.
- You must be a participant in the conversation.
- The recording must be relevant to the case.
Illegal recordings, however, may be excluded and could lead to criminal charges or civil liability.
Practical Tips for Recording Calls in Canada
Here’s a checklist to stay safe and legal when recording calls:
- Be a participant: Only record calls you are part of.
- Know the provincial rules: Quebec and some other provinces may have stricter requirements.
- Use recordings responsibly: Avoid harassment, fraud, or defamation.
- Follow workplace policies: Adhere to employer rules.
- Consider informing others: Even if not legally required, consent can prevent disputes.
Example:
You are in Quebec, which has stricter privacy rules. Recording a phone call without telling the other person could lead to legal consequences, even if you are a participant.
Quick State/Province Reference
| Province | Consent Required | Notes |
|---|---|---|
| Quebec | All-party | Consent required for recording |
| Ontario | One-party | Participant can record |
| British Columbia | One-party | Participant can record |
| Alberta | One-party | Participant can record |
| Manitoba | One-party | Participant can record |
| Saskatchewan | One-party | Participant can record |
| Newfoundland & Labrador | One-party | Participant can record |
| Nova Scotia | One-party | Participant can record |
| New Brunswick | One-party | Participant can record |
| PEI | One-party | Participant can record |
| Yukon | One-party | Participant can record |
| Northwest Territories | One-party | Participant can record |
| Nunavut | One-party | Participant can record |
Tip: Always verify local rules before recording calls, especially if you plan to share recordings or use them as evidence.
Common Questions About Call Recording in Canada
Can I record a call without the other person knowing?
Yes, in most provinces if you are a participant. Quebec has stricter privacy rules.
Is secretly recording conversations between others illegal?
Yes. Recording conversations you are not part of is illegal across Canada.
Can I record a call with a scammer or harasser?
Yes, if you are a participant, and it can be used as evidence.
Can I record calls at work?
Employees can record calls they participate in, but employers may have rules about notification.
Are recordings admissible in court?
Yes, if obtained legally and you are a participant.
What are the penalties for illegal call recording?
Penalties include fines, criminal charges, and civil liability.
Can I record virtual meetings like Zoom or Teams?
Yes, if you are a participant and follow consent rules for your province.
Should businesses notify customers if calls are recorded?
Yes, notification is recommended to maintain transparency and comply with privacy laws.
Summary and Key Takeaways
Here’s the short version:
- Canada generally follows one-party consent rules for recording calls.
- Quebec and certain provinces may require all-party consent or have stricter privacy rules.
- Recording calls you are not part of or using recordings illegally is prohibited.
- Workplace and business recordings have additional requirements under privacy laws and company policies.
- When in doubt, obtain consent and be transparent to avoid legal trouble.
Recording calls can be useful for personal reference, protection, or business purposes. By understanding the laws, you can record calls legally and safely in Canada.
FAQ Section
1. Is it illegal to record a phone call in Canada?
No, if you are a participant. Canada generally follows one-party consent rules.
2. Which provinces require all-party consent?
Quebec has stricter privacy laws requiring all-party consent in many situations.
3. Can I secretly record a call with a scammer or harasser?
Yes, if you are a participant, and it can be used as evidence.
4. Are recordings admissible in court?
Yes, if obtained legally and you are part of the conversation.
5. Can I record workplace calls?
Employees can record calls they participate in, but employers may have rules about notification.
6. Is it illegal to record calls I am not part of?
Yes. Secretly recording conversations between others is illegal.
7. What penalties exist for illegal recording?
Penalties include fines, criminal charges, and civil liability.
8. Can I record virtual meetings like Zoom or Teams?
Yes, if you are a participant and comply with provincial rules.
9. Should businesses notify customers if calls are recorded?
Yes, notification is recommended and required in some provinces.
10. Can I post recorded calls online?
Even if the recording is legal, posting it publicly may create privacy or defamation issues.
