Recording Conversations in Ontario: Laws and Workplace Rights

You can generally record a conversation in Ontario without telling the other participants if you are part of the conversation and consent to the recording. This is commonly called one-party consent.

However, being allowed to record a conversation does not mean there are no consequences at work. Secretly recording your boss, a coworker or an HR meeting can raise concerns about privacy, confidentiality and workplace trust. In some situations, it can lead to discipline or dismissal.

If you are considering recording a workplace conversation, already have a recording or have been threatened with termination, speak with the Ontario employment lawyers at Samfiru Tumarkin LLP about your options.

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On This Page:

• 1. Ontario Recording Laws
• 2. Recording Without Consent
• 3. Recording Your Boss or HR
• 4. Coworkers & Harassment
• 5. Dismissal & Severance
• 6. Employer Recordings
• 7. Recordings as Evidence
• 8. Frequently Asked Questions

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The main criminal-law rules for recording private conversations come from the Criminal Code of Canada, not a separate Ontario recording statute.

Under section 184, intercepting a private communication is generally prohibited unless a consent exception or another lawful basis applies.

Is Ontario a one-party consent province?

Yes. One-party consent applies in Ontario. When you participate in a conversation, your own consent can generally satisfy the criminal-law consent requirement. You do not normally need every other participant’s permission.

The Criminal Code also addresses group conversations: section 183.1 provides that consent from one of the people originating or intended to receive the communication is sufficient.

That does not give you an unrestricted right to record anything happening around you, ignore workplace obligations or publish what you record.

For a broader overview, see our guide to recording conversations at work in Canada.

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Recording without the other person’s consent is different from recording without anyone’s consent. If you are participating and consent yourself, the one-party consent exception generally applies.

Recording someone else’s private conversation without consent from any participant is generally unlawful unless another legal exception applies. For example, leaving a device to capture a private discussion after you leave can create serious legal problems.

Simply being nearby, owning the recording device or being the subject of the discussion does not automatically give you permission to record it.

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Generally, yes under the one-party consent rule, if you are participating. However, secretly recording your manager can still affect your employment relationship.

Your employer may argue that the recording breached a workplace policy, exposed confidential information or damaged trust. The circumstances matter, including why you recorded, what was captured and whether the recording was shared.

Before recording, consider asking for written confirmation of important instructions or decisions. If you are worried about threats, harassment or being pushed out of your job, get legal advice about documenting the situation.

Can you record an HR, disciplinary or termination meeting?

These meetings do not create an automatic exemption from workplace recording rules. The criminal-law consent question and the employment risks still need to be considered separately.

You can ask whether the meeting may be recorded or whether HR will provide a written summary. You can also take notes and send a factual follow-up email confirming your understanding of what was discussed.

If you are being dismissed, ask for the termination letter and proposed package in writing. Have your Ontario severance package reviewed before accepting an offer or signing a release.

What about phone calls, Zoom or Microsoft Teams meetings?

The same general consent principles apply to the audio portion of phone calls and virtual meetings. A platform’s recording feature or notification does not, by itself, resolve workplace policy or privacy concerns.

Get specific advice when participants are outside Canada, because another country’s recording laws may also be relevant.

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The one-party consent rule can apply to a conversation with a coworker just as it can to a conversation with your manager. It does not automatically authorize recording a private discussion between other people.

Be particularly careful about capturing personal information, client details or conversations unrelated to your concern. Recording more than necessary can create additional privacy and employment risks.

Can you record workplace harassment or bullying?

A recording may help establish what was said during an incident of workplace harassment in Ontario. However, trying to document mistreatment does not automatically make every recording lawful or protect you from discipline.

If you already have a recording, preserve it and discuss it privately with an employment lawyer before circulating it. Also keep a dated account of the incidents, relevant messages and the names of any witnesses.

If the situation is making you feel that you have no choice but to quit, get advice first. Serious mistreatment may raise a constructive dismissal issue, but resigning without understanding your position can complicate your claim.

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Yes. A recording that does not breach criminal law can still lead to discipline or dismissal. However, that does not automatically mean your employer can deny you severance.

Dismissal without cause

In a provincially regulated, non-union workplace, an employer may generally end employment without cause if the reason is lawful and the employee receives the notice, pay and other entitlements they are owed. An employer can’t make an unlawful reprisal or discriminatory dismissal acceptable simply by offering a package.

Dismissal for cause

An employer may allege just cause for dismissal because of secret recordings. Whether that allegation succeeds depends on the seriousness of the conduct and the surrounding circumstances, not just the employer’s description of it.

Relevant circumstances can include the purpose and extent of the recordings, the information captured, applicable policies and the employee’s responsibilities.

For employees covered by Ontario’s Employment Standards Act, minimum termination and severance entitlements also have their own rules and exceptions. The label “for cause” does not, by itself, establish that those rights are lost.

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Sometimes, but employers do not have an unrestricted right to record employees. Recording a meeting in which a manager participates is different from continuously monitoring private conversations throughout a workplace.

The assessment can involve consent, the purpose and extent of the monitoring, the information captured, workplace policies and the privacy laws that apply to the employer.

Those laws are not identical for every Ontario workplace. For example, the federal Personal Information Protection and Electronic Documents Act, known as PIPEDA, applies to employee information in federally regulated businesses such as banks and telecommunications companies. It should not be assumed to cover every provincially regulated employee.

The Office of the Privacy Commissioner of Canada explains that workplace monitoring must be assessed against the employer’s applicable legal obligations. Owning the office, computer or phone does not settle every privacy question.

Ontario’s electronic monitoring policy requirement

Employers covered by Ontario’s Employment Standards Act that have 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 state whether electronic monitoring occurs and, if it does, describe how and in what circumstances it may occur and the purposes for which the information may be used.

These electronic monitoring requirements are not a blanket ban on monitoring or permission to ignore other laws.

If you discover an unexpected recording or monitoring practice, ask for the relevant policy and get advice about your situation before resigning or refusing work.

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One-party consent is not a complete answer to whether a video recording is lawful. A video may capture both private conversations and images, raising different legal concerns.

Privacy expectations, the location and purpose of the recording, and what is captured all matter. Covert filming in places such as washrooms or changing rooms can engage the Criminal Code’s voyeurism provisions.

Do not assume that filming is always lawful in public or that every recording made on private property is automatically illegal.

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Potentially, yes. A recording may help show what happened during a workplace dispute, but it is not automatically admissible or decisive simply because you made it lawfully.

A court or tribunal may need to consider relevance, authenticity, context and the applicable evidence rules. A recording can also raise separate privacy or confidentiality issues.

An employment lawyer can assess whether the recording supports your position, creates risks or needs to be considered alongside emails, documents and witness accounts.

Are edited recordings admissible?

An excerpt is not automatically unusable, but missing context or changes to a recording can lead to challenges. Preserve the complete original file, even when a shorter clip or transcript is prepared for review.

Do not overwrite the original, remove inconvenient sections or alter the audio. Note when the conversation happened, who participated and what happened immediately before and after it.

Can you share or post the recording?

Being able to make a recording does not automatically mean you can safely publish it or distribute it to coworkers. Sharing can create additional privacy, confidentiality and employment problems.

Get advice before posting a workplace recording online, sending it around the office or using it to threaten your employer. Your lawyer can also advise when and how relevant recordings must be disclosed in a legal proceeding.

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1. Preserve the original. Keep the complete, unaltered recording and avoid actions that could erase or overwrite it.
2. Write down the context. Record the date, participants, reason for the meeting and any related events.
3. Keep supporting information. Retain relevant correspondence and documents you are lawfully entitled to possess. Do not access accounts or files without authorization.
4. Get advice before acting on it. Discuss the recording before publishing it, resigning or accepting a termination package.

If your employer asks you to delete a recording that may be relevant to a dispute, seek prompt legal advice about how to respond and preserve evidence lawfully.

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Does one-party consent apply when several people are in the meeting?

Yes. The rule is not limited to conversations between two people. However, being a participant does not remove workplace confidentiality obligations or resolve how the recording may be used.

What if a coworker secretly records me?

A lack of notice does not automatically make the recording criminally unlawful. Whether the coworker participated, what they recorded and how they used it all matter. If the recording is being used to harass, intimidate or discipline you, document what happened and seek advice.

Do I need a recording to prove workplace harassment?

No. Your account of events, dated notes, emails, messages, witness evidence and complaint records can also be relevant. Do not delay reporting a workplace concern simply because you do not have an audio or video recording.

Does a no-recording policy change Ontario’s one-party consent law?

A workplace policy does not rewrite the Criminal Code. However, breaching a policy can create a separate employment issue. Whether discipline or dismissal is justified requires an assessment of the policy, the conduct and the surrounding circumstances.

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A recording may capture only one part of a bigger workplace problem. If you are facing harassment, a disciplinary meeting, pressure to resign or a dismissal, get advice about the full situation.

Samfiru Tumarkin LLP helps non-unionized employees across Ontario understand their rights and pursue the compensation they are owed. We can review the recording, relevant policies, your employment contract and any termination package.

Call 1-855-821-5900 or request advice from our Ontario employment lawyers.

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