In Ontario, you can record a conversation without telling the other person if you are part of that conversation. The rule applies across Canada. Recording a conversation you are not part of is a different matter and can be a crime.
So, if you have this question in mind, “Is It Legal to Record a Conversation at Work in Ontario?”
The Answer is “Yes, in most cases.”
LEGAL REFERENCE
This article is based on sections 183.1 and 184 of Canada’s Criminal Code and Part XI.1 of Ontario’s Employment Standards Act, 2000, which covers employer electronic monitoring policies.
Ontario Is a One-Party Consent Province
Recording rules in Ontario come from federal criminal law, not a separate provincial statute. Under section 184 of the Criminal Code, intercepting a private communication is generally prohibited unless a consent exception applies. When you take part in a conversation, your own consent can satisfy the requirement.
In practice, only one person in the conversation has to agree to the recording, and that person can be you. You do not need permission from your boss, a coworker, or anyone else on the call.
Recording a Conversation You Are Not In Is Illegal
The protection covers participants only. Recording a conversation between other people, without the consent of anyone in it, is illegal and can lead to criminal charges.
That means you cannot hide a device in a meeting room you will not attend. You cannot leave your phone recording after you walk out of a conversation. You cannot secretly tape two colleagues talking. The maximum penalty under the Criminal Code is up to five years in prison.
Recording at Work Is Treated the Same Way
The Criminal Code does not carve out an exception for workplaces. An employee who takes part in a meeting with a manager, an HR conversation, or a disciplinary discussion can generally record it.
An employer can do the same. An employer who takes part in a conversation can record it under the same one-party consent rule. Call centres that record calls and tell callers so are the most common example.
A Workplace Policy Does Not Change the Criminal Law
Many employers ban recording in their policies. A workplace policy does not turn a recording into a criminal offence. Breaking the policy can still create a separate employment issue and may support discipline, depending on the circumstances.
So a recording can be legal and still cost you your job. Secret recordings can damage workplace trust and lead to separate privacy claims. Whether discipline is justified depends on the facts. Courts usually look at why the person recorded, what the policy said, and whether the employer is using the recording as a pretext.
Employers Must Disclose Electronic Monitoring
Ontario adds a transparency rule for larger employers. An employer with 25 or more employees in Ontario on January 1 must have a written electronic monitoring policy in place before March 1 of that year. The policy must say whether monitoring happens and, if so, how, in what circumstances, and for what purposes.
Employers must give employees a copy within 30 days of preparing or changing it, and they must keep a copy for three years after it stops being in effect.
The rule has limits. It requires disclosure, not consent. It does not ban monitoring, and it does not override the Criminal Code or privacy law. An employer can still be liable for recording private conversations it is not part of, or for monitoring in places where employees reasonably expect privacy, such as washrooms and change rooms.
Audio and Video Are Not the Same
The one-party consent rule covers audio of private conversations. Video-only recording works differently. Cameras in common work areas are generally allowed, especially when disclosed. Hidden cameras in private spaces can engage criminal voyeurism provisions and Ontario’s privacy tort, intrusion upon seclusion.
Can a Recording Be Used as Evidence?
A lawful recording made by a participant is generally allowed as evidence in employment disputes, subject to the usual tests of relevance and authenticity. Recordings made illegally are not automatically excluded in civil cases, but a judge has discretion, and the person who made them may face their own legal problems.
What Employees Should Do
1/ Record only conversations you are part of. Never leave a device running when you leave the room.
2/ Check your employer’s policies. A recording ban does not make you a criminal, but it can support discipline.
3/ Keep recordings private. Posting or sharing a recording can create defamation, confidentiality, or privacy problems.
4/ Never record privileged conversations. Do not record talks with your own lawyer, and do not share recordings of them.
5/ Get advice before you rely on a recording. A lawyer can tell you how it fits into a harassment complaint, a human rights application, or a wrongful dismissal claim.
What Employers Should Do
1/ Have a current electronic monitoring policy if you have 25 or more employees in Ontario, and give every employee a copy.
2/ Tell people about call recording. Notice to the customer and the employee supports consent.
3/ Do not record conversations your managers are not part of. Hidden microphones in break rooms or meeting rooms create criminal and civil exposure.
4/ Draft a clear recording policy, and apply it evenly. Discipline for recording is easier to defend when the rule was written down and enforced consistently.
5/ Get legal advice before disciplining someone over a recording. If the employee recorded a harassment complaint, discipline may look like reprisal.
The bottom line: Recording a conversation you take part in is legal in Ontario. Recording one you do not take part in is not. The criminal law is only half the picture. Workplace policies, privacy law, and trust at work can still decide whether a recording helps you or hurts you. Get advice before you press record, and before you rely on what you recorded.
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