Call Recording Laws in Canada
Short answer: Yes. Canada is a one-party consent country: under Criminal Code s. 184, you may record a call you are part of without telling the other person. Businesses recording customer calls must also meet PIPEDA or provincial privacy law — usually by telling callers the call is recorded and why.
Plain-English summary
Canada is a one-party-consent jurisdiction under federal criminal law. Section 184 of the Criminal Code prohibits the willful interception of a private communication, with an exception for participants and persons with the consent of a party (s. 184(2)(a)). A participant in a call may therefore record without telling the other parties under federal criminal law.
Commercial recording is separately governed by PIPEDA (or substantially similar provincial statutes in Quebec, British Columbia, and Alberta). The Office of the Privacy Commissioner of Canada has issued detailed guidance on call recording, including the conditions under which consent may be implied and the retention periods that are acceptable.
Statutory framework
- Criminal Code § 184. Federal interception offence with participant exception.
- PIPEDA. Personal Information Protection and Electronic Documents Act, applies to commercial activities in federally-regulated and most provincial sectors.
- Loi 25 (Quebec), PIPA (British Columbia), PIPA (Alberta). Substantially similar provincial private-sector statutes.
Regulator guidance
The Office of the Privacy Commissioner of Canada has issued PIPEDA Findings and Guidance on call recording. The Commissioner’s position is that:
- Knowledge and consent are required.
- Notice at the start of the call is the standard means.
- Continued participation after notice constitutes implied consent.
- The purpose must be limited to what a reasonable person would consider appropriate.
Quebec — Law 25 (modernized privacy regime)
Quebec’s privacy law was significantly amended by Loi 25 (2021–2024). Key changes include enhanced consent standards, mandatory privacy impact assessments for high-risk processing, and substantial monetary penalties up to 4% of global turnover. Call recording programs operating in Quebec require updated compliance assessments.
Workplace and business calls
Federal Canadian workplace recording is permitted with employee notice and a reasonable purpose. Provincial law varies, with British Columbia, Alberta, and Quebec adding stricter notice and proportionality requirements. The Privacy Commissioner has issued specific guidance on employee monitoring.
Cross-border and conflict-of-laws notes
Cross-border calls into the United States raise questions about which jurisdiction’s recording rule applies. The cautious practice is to give notice at the start of the call.
Penalties and remedies
Criminal: indictable offence under § 184 — up to 5 years’ imprisonment.
Civil: PIPEDA s. 14 application to Federal Court can lead to damages; Quebec Loi 25 imposes administrative fines up to 4% of global turnover.
Practical guidance
- For participant recording in Canada, federal criminal law permits one-party consent.
- For commercial recording, get clear notice at the start of the call.
- Set a reasonable retention period and document deletion.
- Treat Quebec calls as subject to Loi 25’s enhanced regime.
Related
Frequently asked questions
Is it illegal to record a phone call without consent in Canada?
Not if you are a participant. Section 184 of the Criminal Code only prohibits intercepting a private communication without the consent of at least one party. Recording a call you are not part of is an indictable offence punishable by up to 5 years.
Do Canadian businesses have to tell you they are recording?
Yes. Under PIPEDA and provincial equivalents (Alberta and B.C. PIPA, Quebec’s privacy law), organizations must tell you the call is being recorded and the purpose, and should offer an alternative if you object.
Does the one-party rule apply in every province?
Yes. The Criminal Code is federal, so the one-party rule applies across Canada. Provincial privacy laws add obligations for businesses, not for individuals recording their own calls.