Recording conversations in Canada: what the law allows

That is the one-party rule people usually mean when they say Canada is a "one-party consent" country.

It is not the whole answer. If you record in the course of business, federal or provincial privacy law applies, and it expects you to tell people and to have a reasonable purpose. Quebec adds its own Civil Code protections. And recording law in the other participants' countries may be stricter. This guide takes the layers in order. The general picture across countries is in is it legal to record a meeting?

The Criminal Code: one party's consent

Section 184(1) of the Criminal Code makes it an offence to knowingly intercept a private communication by means of a device. As an indictable offence it carries up to five years' imprisonment.

Section 184(2)(a) says the offence 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."

A participant in a conversation is either the originator or an intended recipient of what is said to them, so their own consent is generally treated as enough. Two limits are worth knowing:

• It is about interception, not about everything you do with the recording. Other laws govern what you may keep, use and disclose.
• It covers conversations you are part of. Recording a conversation between other people, for example by leaving a device running in a room you have left, is a different matter.

Privacy law for businesses: PIPEDA and the provinces

If you record calls or meetings as part of a business, the recording is personal information about the people in it, and privacy law applies.

The Personal Information Protection and Electronic Documents Act (PIPEDA) covers organisations that collect personal information in the course of commercial activity. It does not apply to an individual collecting information purely for personal or domestic purposes. In Alberta, British Columbia and Quebec, provincial private-sector privacy laws apply to most businesses instead.

The Office of the Privacy Commissioner of Canada's guidance, Recording of customer telephone calls (last updated 2018), sets out what it expects of organisations:

• Record calls only for purposes a reasonable person would consider appropriate.
• Tell the customer at the start that the call is being recorded, and why.
• Seek their consent, and offer another way to deal with the organisation if they refuse.
• Use the recording only for the purpose stated, protect it, and keep it no longer than needed.
• Give the person access to the recording if they ask.

That guidance is written about customer calls, but its logic carries over to client meetings and interviews: say what you are doing and why, keep it for that purpose, and delete it when you are done.

Recording employees is its own area. PIPEDA's employee provisions cover only federally regulated employers; provincially regulated employers fall under provincial law where it exists. If you are rolling out recording across a team, check which regime applies to you.

Quebec

Quebec applies the same Criminal Code rule, but adds two layers.

• The Civil Code. Article 35 gives everyone a right to respect for their reputation and privacy. Article 36 lists acts that may be considered an invasion of privacy, including intentionally intercepting or using private communications. A recording that is lawful under the Criminal Code can still be argued about in a civil claim, depending on the circumstances.
• The private-sector privacy act. Quebec's Act respecting the protection of personal information in the private sector, substantially amended by Law 25 in stages from 2022 to 2024, sets its own requirements for businesses collecting personal information, including telling people the purpose at the time of collection.

In practice, many organisations operating in Quebec ask everyone before recording, whatever the Criminal Code allows.

Calls that cross borders

A call from Toronto to San Francisco or to Berlin involves more than Canadian law. California requires the consent of all parties to a confidential communication, and its courts have applied that rule to calls recorded outside the state. Germany protects the non-public spoken word in its criminal code. One-party and two-party consent states lists the US states with stricter rules.

The usual advice is to follow the strictest rule that could apply to anyone in the conversation, which in most international calls means asking everyone.

What this means in practice

1. If you are recording your own conversation for your own notes, the Criminal Code is generally not the obstacle. Your employer's and client's rules may be.
2. If you are recording for a business, tell people at the start, say why, and offer an alternative if they object.
3. Decide how long you will keep the audio and the transcript, and delete them then.
4. If anyone is in Quebec, another country, or a US all-party state, ask everyone.

How to ask for consent to record has wording for the start of a call and for invitations.

How Notey fits into this

Notey records your microphone and your Mac's audio as two tracks, from your own computer. Nothing joins the call, so the other participants see no recording notice from their meeting app; telling them is up to you. A red dot and an elapsed timer show you whenever audio is being kept.

The audio stays on your Mac and is transcribed there. If you ask for AI notes, the transcript text, not the audio, is sent to Notey's service and on to OpenAI as a processor. Deleting a meeting removes its recording, transcript and notes, which makes a retention period something you can actually apply.

Frequently asked questions

Is Canada a one-party consent country?

For the Criminal Code, broadly yes. Section 184 makes intercepting a private communication an offence, but section 184(2)(a) exempts a person who has the consent of the originator or the intended recipient, which is usually read as allowing a participant to record. Privacy and civil law can still ask more of you.

Does PIPEDA apply to me recording a meeting?

PIPEDA applies to organisations collecting personal information in the course of commercial activity, so a business recording calls with customers or clients is usually covered. It does not apply to information collected purely for personal or domestic purposes. Alberta, British Columbia and Quebec have their own private-sector laws.

Is recording different in Quebec?

Quebec has the same Criminal Code rule, but its Civil Code lists intentionally intercepting or using private communications as an invasion of privacy, and its private-sector privacy law sets its own requirements for businesses. Many organisations in Quebec ask everyone before recording.

Do I need to tell a customer I am recording a call?

The Office of the Privacy Commissioner's guidance says organisations should tell customers at the start, state the purpose and seek consent, and offer another way to do business if they refuse.