Recording a call you are part of is legal in Canada. Recording it as a business is a different question.

The Criminal Code and PIPEDA answer two different questions, and most guidance on this only answers the first one.

In Canada, a participant in a conversation may record it. Criminal Code s. 184(1) makes intercepting a private communication an offence, but s. 184(2)(a) exempts a recording made with the consent of one party to it, and if you are on the call, you are that party. That settles the criminal question and none of the business one: the moment an organization records a customer, it is collecting personal information, and the Privacy Commissioner's guidance requires it to say so, say why, and use the recording only for the purpose it named.

What does one-party consent actually permit?

It permits a participant to record without telling anyone else on the line. Criminal Code s. 184(2)(a) exempts an interception where one of the originator or intended recipient has consented, and a party consenting to their own recording satisfies it. This is the rule across every province: recording law in Canada is federal criminal law, not provincial.

This is the single most misunderstood point, and the reason is that most search results are American. Several US states require all parties to consent, so guidance written for a California business says the opposite of what Canadian law says. A Canadian company reading that guidance concludes it needs consent it does not need, or worse, assumes the American rule is universal and applies it backwards somewhere it matters.

The offence itself is serious, which is why the exemption is worth knowing precisely. Intercepting a private communication under s. 184(1) is a hybrid offence carrying up to five years' imprisonment on indictment. The exemption is what separates a recorded customer service call from that.

What one-party consent does not do is settle anything about what happens next. It is a criminal-law shield for the act of recording. It says nothing about whether you may store the recording, who may listen to it, how long you may keep it, or whether the caller can ask for a copy.

What does PIPEDA require on top of that?

Four things, per the Privacy Commissioner's guidance. Record only for a purpose a reasonable person would consider appropriate. Tell the customer you are recording and why, and seek their consent. Use the recording only for the purpose you stated. And meet every other PIPEDA obligation on it: safeguards, retention limits, and access.

The access right catches people out. A recording of a call is personal information about the person who made it, and they can ask to hear it. An organization that has no way to find one caller's recordings has a process problem that only appears the day someone asks.

One clause matters more than any other for anyone using an outside service to answer their phone: businesses that contract out call centre, telemarketing and similar services must ensure those third parties also follow the rules. Handing the phone to a vendor does not hand over the obligation.

  • A reasonable purpose. Quality assurance, training and dispute resolution are the standard ones. "Because we can" is not a purpose.
  • Notice, purpose, and consent. Say it at the start of the call, not in a policy nobody reads. If the caller continues after being told, consent is implied.
  • Purpose limitation. The Commissioner's guidance is explicit that an organization should not state it is recording for quality assurance and then use the recording for marketing or profiling.
  • Everything else PIPEDA asks. Safeguards on the stored audio, limited retention, and the caller's right to request access to their own recording later.

What does compliant practice look like on a real line?

A short spoken notice at the top of the call naming the purpose, a retention period you can state in a sentence, and a way to find and produce one caller's recording on request. If any of those three is missing, the recording is a liability rather than an asset.

Two questions, two different tests
Criminal Code s. 184PIPEDA
What it governsWhether recording is an offenceWhether an organization may collect and keep it
TestDid one party consent?Reasonable purpose, notice, consent, purpose limitation
Satisfied byBeing a party to the callTelling the caller, and meaning it
Applies toEveryoneOrganizations handling personal information
Consequence of failingHybrid offence, up to five years on indictmentComplaint, investigation, findings, remedial orders

Passing the first test tells you nothing about the second. Most guidance stops after the first column.

One-party consent makes the recording lawful; it does not make the recording yours to do as you like with - the Criminal Code and PIPEDA are answering two different questions, and only one of them is about whether you may press record.

Nick Lovett, Founder, AnswerAI

Every line we build states what it is doing at the top of the call, because a notice nobody hears is the same as no notice at all.

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What this page does not cover

This is a reading of the legislation as it applies to an AI receptionist answering a business phone, not legal advice. Statutes are amended and regulators publish new guidance; check the source links, which are dated, and take advice on anything that matters.

  1. Provincial private-sector statutes. Alberta, British Columbia and Quebec have their own private-sector privacy laws that apply instead of PIPEDA to some organizations. The obligations are similar in shape, not identical in detail.
  2. Employee monitoring. Recording your own staff raises employment and labour questions this page does not address.
  3. Health information. A clinic recording a patient call is also handling health information under provincial health privacy law, which is a stricter regime.

Questions this raises

Do I have to tell callers I am recording?
As a business, yes. The Criminal Code does not require it, but the Privacy Commissioner's guidance for organizations does: inform the customer, state the purpose, and seek consent. Continuing the call after being told is treated as implied consent.
Is one-party consent the same in every province?
Yes. The interception offence and its consent exemption are in the federal Criminal Code, so the rule is the same in Alberta as in Ontario. Provincial differences show up in privacy legislation, not in whether recording is an offence.
Can a caller ask to hear their own recording?
Yes. A recording of a call is personal information about that caller, and PIPEDA gives individuals a right of access to their personal information. Organizations should be able to locate and produce one caller's recordings.
If a vendor answers our phone, is it their compliance problem?
No. The Commissioner's guidance is direct about this: businesses contracting out call centre and similar services must ensure those third parties follow the rules. The obligation follows the business, not the handset.
Can we use recordings for marketing if we told callers it was for quality assurance?
No. Purpose limitation is one of the four requirements, and the guidance names this exact scenario: you should not state you are recording for quality assurance and then use the recordings for marketing or profiling.

Sources

  1. Criminal Code, RSC 1985, c C-46, s. 184: Interception of communicationsJustice Laws Website, Government of Canadaconsulted 2026-08-09
  2. Recording of Customer Telephone Calls: guidance for organizationsOffice of the Privacy Commissioner of Canadaupdated 2018-04-18, consulted 2026-08-09
  3. PIPEDA fair information principlesOffice of the Privacy Commissioner of Canadaconsulted 2026-08-09
Nick Lovett

Nick Lovett

Founder, AnswerAI

Nick Lovett builds AI receptionists for service businesses across North America, and writes these from the call data they produce. Lovett Ventures Inc., Calgary.

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