Is it legal to record a conversation at work in British Columbia?

In British Columbia, workplace conversations can be legally recorded if at least one party involved consents. This is due to the “one-party consent” stipulation in section 184 of the Criminal Code, which permits you to record conversations you’re participating in, even if others are unaware.

WATCH: Employment lawyer Alex Lucifero discusses the right to record conversations at work on CTV Morning Live.

Is it legal to record a conversation I’m not involved in?

No, you can’t legally record conversations you’re not participating in. According to Section 184 of the Criminal Code, intercepting a private communication without being a part of it is prohibited. If you’re part of the conversation and have given consent, then it’s lawful. Otherwise, without the consent of at least one participant, such recording could result in legal repercussions.”

Am I allowed to record a conversation with my boss or coworker?

Yes, in B.C., you can record conversations with your boss. However, it’s crucial to weigh the consequences. While the act itself isn’t illegal, it could lead to job termination stemming from breach of trust, violation of company policies, and potential legal and privacy issues that can disrupt the work environment.

It’s important to note exceptions. Recording in private areas like changing rooms or during personal patient care is typically off-limits. Likewise, capturing confidential work-related information could be problematic.

Can I be fired for recording my conversations at work?

While it’s legal to secretly record conversations at work in B.C., you could be fired for doing so. Employers can dismiss an employee for any non-discriminatory reason, ensuring they provide appropriate severance – potentially up to 24 months’ pay. However, if a secret recording damages trust, employers may be able to terminate their employment for cause, foregoing both severance and Employment Insurance (EI) benefits.

LEARN MORE
• How to calculate severance pay
• Severance for provincially regulated employees
• Can I file a wrongful dismissal claim after cashing a severance cheque?

If you lose your job for any reason, contact Samfiru Tumarkin LLP immediately and before you sign back a severance offer. Once you accept a severance package from your employer, you give up your rights to obtain full and fair compensation. Our team has secured complete termination packages for tens of thousands of employees since 2007.

Can my employer record a conversation with an employee?

Employers in B.C. can record conversations with employees, provided a company representative is part of the discussion. Such recordings are subject to privacy laws. It is advisable for employers to maintain a policy aligned with these laws, and they might ask employees to sign an agreement indicating no expectation of privacy at work.

Before you sign and accept any new employment contract, be sure to have it examined by a Samfiru Tumarkin LLP employment lawyer in B.C.

Can I record a conversation with someone bullying or harassing me?

Yes, you can. The same rules for recording conversations with your boss apply here. However, the context matters:

• Documenting Harassment: Recording evidence of harassment you’re facing is less likely to result in termination for just cause than if you were, for example, recording a disciplinary meeting.
• Recommendation: Even if it’s allowed, it’s wise to get your supervisor’s approval before recording such interactions.

WATCH: Employment lawyer Lior Samfiru explains how workplace harassment can trigger a termination, on an episode of the Employment Law Show.

Lost your job? Speak with an employment lawyer

If you were fired for recording a conversation at work in B.C., contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Vancouver, Calgary, Toronto and Ottawa have helped tens of thousands of individuals across Canada resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.