Canada Recording Laws (2026 Guide): Audio & Video Recording Rules

Last Updated: January 2026 | Verified against Criminal Code R.S.C. 1985, c. C-46

Quick Answer: Can You Record Conversations in Canada?

Yes, you can legally record conversations in Canada if you are a participant in the conversation. Under Section 184(2)(a) of the Criminal Code, Canada follows a one-party consent rule, meaning only one person in the conversation needs to consent to the recording — and that person can be you.

Key Point	Answer
Consent Required	One-party consent (you can record your own conversations)
Recording Without Being Present	Illegal (eavesdropping)
Video Recording (No Audio)	Generally legal in public spaces
Business Call Recording	Requires notice to customers under PIPEDA
Maximum Penalty for Illegal Recording	Up to 5 years imprisonment
Governing Law	Criminal Code Section 184

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Understanding Canadian Recording Laws

If you’re considering recording conversations for personal reasons — whether to document a dispute, protect yourself in a difficult situation, or ensure clarity in an agreement — understanding Canadian recording laws is essential. Making an illegal recording can result in criminal charges, so knowing your rights and limitations is crucial.

The Legal Framework: Criminal Code Section 184

Canadian recording law is primarily governed by Section 184 of the Criminal Code. Here’s how it works:

Section 184(1) establishes the general prohibition: it is a criminal offence to willfully intercept a private communication using an electromagnetic, acoustic, mechanical, or other device.

Section 184(2)(a) provides the critical exception: the prohibition does not apply to “a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it.”

What this means in plain language: If you are part of the conversation, you can record it without telling the other person. Your own consent to record counts as the required “one-party consent.”

Do Private Citizens Need Judicial Authorization?

There’s often confusion about Section 184.2, which requires judicial authorization for intercepting communications. This section applies to peace officers and public officers conducting investigations — not to private citizens recording their own conversations.

As a private citizen, you do not need any authorization, warrant, or court approval to record a conversation you are participating in. Your participation and consent are sufficient under Section 184(2)(a).

Important Limitation: Eavesdropping is Illegal

Non-participants cannot record or listen to private conversations. If you are not part of the conversation, recording it is illegal eavesdropping under Section 184(1). This includes:

• Placing a hidden recording device to capture conversations you’re not part of
• Using technology to intercept phone calls between other people
• Recording conversations in a room you’re not in
• Intercepting electronic communications (emails, texts) between others

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Reasonable Expectation of Privacy

Even with one-party consent, recordings may be problematic in locations where individuals have a reasonable expectation of privacy. Canadian courts consider several factors:

Where Privacy is Expected

• Private residences — bedrooms, bathrooms, personal spaces
• Changing rooms and locker rooms
• Private offices with closed doors
• Medical examination rooms
• Private phone conversations

Where Privacy is Generally Not Expected

• Public streets and sidewalks
• Parks and public squares
• Shopping areas (common areas of malls)
• Spaces with surveillance signage
• Shared common areas in workplaces or residences

The key test is: would a reasonable person in that location expect their words to be private? If someone is speaking loudly in a public coffee shop, they have less expectation of privacy than someone having a quiet conversation in their home.

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Video Recording Laws in Canada

Canada does not have specific federal legislation governing video-only recordings (without audio). The critical question is: Is audio being captured?

Scenario	Legal Status	Notes
Video-only (no sound) in public	Generally Legal	Subject to local bylaws
Video with audio in public	Legal	One-party consent applies
Video-only on your property	Legal	Cannot capture neighbors’ private areas
Video-only in someone else’s private space	Potentially Illegal	May violate voyeurism laws (s. 162)
Video with audio of conversations you’re not part of	Illegal	Violates Section 184

Where You Can Legally Film in Canada

• On your own private property
• On private property where you have the owner’s consent
• In public spaces with no expectation of privacy (sidewalks, streets, parks)
• In areas with signage permitting photography

Where You Cannot Legally Film

• After dark near dwellings — Criminal Code Section 177 prohibits loitering or prowling at night near a dwelling
• In bathrooms, changing rooms, or similar private spaces — Violates Criminal Code Section 162 (voyeurism)
• On private property with “No Photography” signage — May result in trespassing charges
• Commercial filming in transit systems or certain public areas — May require permits

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Call Recording Laws for Businesses

While the Criminal Code allows one-party consent for individuals, businesses face additional requirements under the Personal Information Protection and Electronic Documents Act (PIPEDA).

PIPEDA Requirements for Business Recordings

Businesses must:

• Inform customers that calls are being recorded
• State the purpose of the recording (e.g., “quality assurance”)
• Obtain consent — implied consent is acceptable if the customer continues the call after the notice
• Use recordings only for stated purposes
• Provide access to recordings upon customer request

When you hear “This call may be recorded for quality assurance purposes” and continue the conversation, you have provided implied consent under PIPEDA.

Provincial Privacy Laws

Some provinces have their own privacy legislation that may apply instead of or in addition to PIPEDA:

Province	Legislation	Status
Alberta	Personal Information Protection Act (PIPA)	Substantially similar to PIPEDA
British Columbia	Personal Information Protection Act (PIPA)	Substantially similar to PIPEDA
Quebec	Act Respecting the Protection of Personal Information in the Private Sector	Substantially similar to PIPEDA
Ontario	Personal Health Information Protection Act (PHIPA)	Applies to health information
Nova Scotia	Personal Health Information Act	Applies to health information
New Brunswick	Personal Health Information Privacy and Access Act	Applies to health information
Newfoundland and Labrador	Personal Health Information Act	Applies to health information

When both federal and provincial laws apply, businesses must comply with both.

PIPEDA Modernization (2025-2026)

As of December 2025, the Privacy Commissioner of Canada has launched a consultation on modernizing PIPEDA guidance. This consultation, open until March 2026, aims to update guidance on privacy compliance obligations, including consent requirements. Businesses should monitor these developments for potential changes to call recording requirements.

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Workplace Recording in Canada

Recording in the workplace raises unique considerations. While the one-party consent rule applies, there can be significant consequences.

Can Employees Record Workplace Conversations?

Legally, yes — under Section 184(2)(a), employees can record conversations they participate in without informing their employer or colleagues. However, just because it’s legal doesn’t mean it’s wise.

Risks of Workplace Recording

1. Termination for Cause

Canadian courts have held that secret workplace recordings can justify termination for cause, even though the recording itself is legal. In Hart v. Parrish & Heimbecker, Limited, 2017 MBQB 68, the Manitoba court stated:

“The plaintiff’s inappropriate use of his cell phone in secretly recording meetings with his superiors does amount to a breach of his confidentiality and privacy obligations to the defendant.”

2. Breach of Trust

Secret recordings undermine workplace relationships and can be viewed as evidence of bad faith or malicious intent.

3. Loss of Severance

If terminated for cause due to secret recordings, you may not be entitled to severance pay or notice.

Can Employers Record Employees?

Employers can record conversations with employees under the same one-party consent rules. However, they must comply with privacy legislation (PIPEDA or provincial equivalents) regarding:

• Collection of personal information
• Notifying employees about recording practices
• Using recordings only for legitimate business purposes
• Secure storage and limited retention

Under Alberta’s PIPA, for example, employers can collect personal information (including recordings) only for reasonable purposes related to establishing, managing, or terminating the employment relationship.

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Law Enforcement Interceptions

Police and law enforcement have specific powers and limitations under the Criminal Code for intercepting private communications.

When Police Can Intercept Communications

Under Sections 184.1 and 184.2, police may intercept communications when:

• At least one participant has consented to the interception
• There are reasonable grounds to believe an offence has been or will be committed
• Judicial authorization has been obtained (for most circumstances)

Emergency Exceptions (Section 184.4)

Police may intercept without authorization when:

• There is urgency and obtaining authorization is not possible
• Interception is necessary to prevent harm to persons or serious property damage
• The originator or receiver is involved in the potential harm

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Admissibility of Recordings in Court

Not all recordings will be admitted as evidence, even if they were legally made.

When Recordings Are Admissible

• The recording was made legally (one-party consent satisfied)
• The recording is authentic and has not been altered
• Its admission would not bring the administration of justice into disrepute

When Recordings May Be Excluded

• Obtained in violation of Charter rights (Section 8 — unreasonable search)
• Evidence of illegal interception (no consent)
• Evidence gathered through entrapment or improper conduct

Courts will balance the probative value of the evidence against the potential harm to the justice system’s integrity.

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Penalties for Illegal Recording

Intercepting private communications illegally under Section 184 is a serious criminal offence:

Offence Type	Maximum Penalty
Indictable Offence	Up to 5 years imprisonment
Summary Conviction	Fine and/or up to 2 years less a day

Additional consequences may include civil liability for invasion of privacy and potential damages claims.

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Frequently Asked Questions

Is it legal to record a phone call in Canada?

Yes, if you are a participant in the call. Under Section 184(2)(a) of the Criminal Code, one-party consent is sufficient. You do not need to tell the other person you are recording.

Can I record my landlord or tenant?

Yes, you can record conversations you have with your landlord or tenant. The one-party consent rule applies. However, you cannot place hidden recording devices to capture conversations you’re not part of.

Is it legal to record police officers in Canada?

Generally yes, in public spaces. You have the right to film police performing their duties in public. However, you should not interfere with their work, and specific local restrictions may apply.

Can recordings be used in family court?

Legally obtained recordings (where you were a participant) can potentially be admitted as evidence in family court proceedings. However, judges have discretion, and the recording’s relevance and authenticity will be considered.

What’s the difference between Section 184 and Section 184.2?

Section 184 prohibits intercepting private communications and provides the one-party consent exception. Section 184.2 establishes the judicial authorization process for law enforcement to conduct intercepts — it does not apply to private citizens recording their own conversations.

Can my employer record me without telling me?

Technically, yes — if your employer participates in the conversation. However, depending on the province, privacy legislation may require employers to inform employees about recording practices. Check your employment contract and company policies.

Is it illegal to record someone in Quebec?

The same federal Criminal Code rules apply in Quebec. One-party consent recordings are legal. However, Quebec’s privacy legislation (Quebec Charter of Human Rights and Freedoms and Act Respecting the Protection of Personal Information) provides strong privacy protections that may affect how recordings can be used.

Can I record a conversation to use as evidence of harassment?

Yes, you can legally record conversations where you are being harassed, as you are a participant. These recordings may be valuable evidence. Document the date, time, and context of each recording.

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Summary: Key Takeaways

• One-party consent — You can record any conversation you participate in without telling others
• No eavesdropping — You cannot record conversations you’re not part of
• Video rules — Video without audio follows different rules; audio triggers Criminal Code protections
• Business requirements — Companies must notify customers and state recording purposes under PIPEDA
• Workplace caution — Legal recordings may still result in termination for cause
• Serious penalties — Illegal interception can result in up to 5 years imprisonment

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Related Resources

• United States Recording Laws
• US One-Party Consent States
• US All-Party Consent States
• United Kingdom Recording Laws
• Australia Recording Laws

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Sources and Legal References

Source	Description
Criminal Code Section 184	Federal law on interception of private communications
PIPEDA	Federal privacy legislation for businesses
Hart v. Parrish & Heimbecker	Manitoba case on workplace recording consequences
Criminal Law Notebook	Legal reference on interception laws

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Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can involve complex considerations depending on your specific situation. Consult with a qualified Canadian lawyer for advice on your particular circumstances.

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