Can you record a phone call in Canada?
You may record a call you take part in without the other person's consent. The Criminal Code allows interception when one party consents, but a business must tell callers and explain why under privacy law.
- Phone calls
- Section 184 of the Criminal Code makes it a crime to intercept a private communication, but not for someone who has the express or implied consent of the person who made it or the person it was meant for. A participant can give that consent, so recording your own call is legal. Disclosing a recording made without any party's consent is a separate crime (section 193).
- Business calls
- Businesses covered by PIPEDA must tell the caller at the start that the call is recorded, state the purpose clearly and narrowly, and get consent. If recording is not essential, offer an alternative, such as an unrecorded call. Use recordings only for the stated purpose and keep them only as long as needed. Quebec, Alberta and British Columbia have their own similar laws.
- What counts as consent
- A clear notice before the conversation, such as 'this call is recorded so I can keep accurate notes', gives implied consent if the person carries on. It applies to calls you make as well as calls you receive. Voiceprints or other sensitive uses may need express consent.
- Penalties
- Intercepting a private communication without any party's consent: up to 5 years in prison. Using or disclosing it: up to 2 years. Under PIPEDA, the Federal Court can order a business to fix its practices and pay damages.
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
- French
Avant de commencer : j'enregistre mes appels afin de prendre des notes précises. Est-ce que cela vous convient?
Worth knowing
- On 8 October 2026 the Privacy Commissioner rewrote its call-recording guidance, which dated from 2018. It now asks for narrowly stated purposes, an alternative to recording when recording is not essential, and possibly express consent for voiceprints.
- Bill C-36, introduced on 15 June 2026, would replace PIPEDA's privacy rules with a new Protecting Privacy and Consumer Data Act. It has not passed, so PIPEDA still applies.
- Quebec's private-sector law (amended by Law 25) requires telling callers why and how you record, their rights, and whether recordings may leave Quebec. Storing them with a provider outside Quebec needs a privacy impact assessment and a written agreement.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Criminal Code, section 184 (interception of private communications)statute
- Criminal Code, section 193 (disclosure of intercepted communications)statute
- Office of the Privacy Commissioner of Canada: Recording of customer telephone callsregulator
- Office of the Privacy Commissioner of Canada: Provincial laws that may apply instead of PIPEDAregulator
- Commission d'accès à l'information du Québec: Principaux changements apportés par la Loi 25regulator
Other countries
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Questions
Is Canada a one-party consent country?
Yes. You may record a call you take part in without the other person's consent. The Criminal Code allows interception when one party consents, but a business must tell callers and explain why under privacy law.
Can a business record calls in Canada?
Businesses covered by PIPEDA must tell the caller at the start that the call is recorded, state the purpose clearly and narrowly, and get consent. If recording is not essential, offer an alternative, such as an unrecorded call. Use recordings only for the stated purpose and keep them only as long as needed. Quebec, Alberta and British Columbia have their own similar laws.
What counts as consent in Canada?
A clear notice before the conversation, such as 'this call is recorded so I can keep accurate notes', gives implied consent if the person carries on. It applies to calls you make as well as calls you receive. Voiceprints or other sensitive uses may need express consent.
What happens if you record a call illegally in Canada?
Intercepting a private communication without any party's consent: up to 5 years in prison. Using or disclosing it: up to 2 years. Under PIPEDA, the Federal Court can order a business to fix its practices and pay damages.
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
