Recording Conversations in Ontario: Laws and Workplace Rights

Recording conversations in Ontario is a common question for both employees and the general public. Is it legal? The short answer: yes, but only in certain circumstances.

Ontario follows the one-party consent rule under the Criminal Code of Canada. This means that if you are part of a conversation, you can legally record it without telling the other participants. However, while the law permits it, secretly recording conversations can still create problems at work, including termination.

This guide explains Ontario recording laws, workplace rights, employer obligations, and what to know if you are considering making or dealing with a recording.

Ontario Recording Laws: The Basics

Under Section 184 of the Criminal Code of Canada, Ontario is a one-party consent province:

• Legal: You can record a conversation if you are directly involved.
• Illegal: You can’t record if you are not part of the conversation. This is considered unlawful interception.
• Applies to all formats: in-person conversations, phone calls, and virtual meetings.

Is Ontario a One-Party Consent Province?

Yes. Ontario is a one-party consent province. You may legally record a conversation if you are a participant.

• You do not need permission from the other person.
• You can’t legally record strangers, coworkers, or family members if you are not part of the discussion.

Can You Record a Conversation With Your Boss in Ontario?

Yes, you can. If you are part of the conversation, the law allows you to record your boss without their knowledge.

That said, many employers view this as a serious breach of trust. In some cases, employers have tried to claim just cause for dismissal based on secret recordings. This can put your severance pay and Employment Insurance (EI) at risk, however it is extremely difficult to prove termination for cause in Ontario.

If you’re thinking about recording your employer for protection, consult an Ontario employment lawyer at Samfiru Tumarkin LLP before doing so.

ℹ️ Wondering about your right to record a work conversation? Employment lawyer Alex Lucifero discussed the right to record conversations at work on CTV Morning Live.

Can You Record a Coworker in Ontario?

Yes, if you are directly involved in the conversation. Employees sometimes use recordings to document workplace harassment or bullying.

This can be useful when:

• You need evidence of repeated misconduct.
• You are concerned that HR will not take your complaint seriously.

Even if legal, employers may discipline workers who record without notice. Always seek legal advice before relying on recordings at work.

Can Employers Record Audio at the Workplace in Ontario?

In Ontario, employers can’t secretly record employees without significant risk of violating privacy rights. Unlike some provinces, Ontario does not have a dedicated private-sector privacy law. However, employers must still respect:

• Common law privacy rights – Courts recognize that employees have a reasonable expectation of privacy in certain situations.
• The Ontario Human Rights Code – Recordings that reveal or target protected grounds (such as disability or religion) may amount to discrimination.
• Employment contracts and policies – Employers must follow their own workplace rules, and can’t change terms of employment without consent.
• Collective agreements – In unionized workplaces, surveillance or recording is often heavily restricted.

Employers who want to record workplace conversations must be transparent. Clear policies, employee notice, and in some cases written consent, are essential. Secret recordings can damage trust, lead to legal challenges, and in some cases amount to a constructive dismissal in Ontario.

Is It Illegal to Record a Conversation Without Consent in Ontario?

Yes, if you are not part of the conversation. For example:

• Leaving a recording device in a private office.
• Recording coworkers or strangers when you are not involved.

This is unlawful interception and can lead to criminal charges or civil lawsuits.

Video Recording Laws in Ontario

Video recording is treated differently from audio recording.

• Public spaces: Generally legal (streets, parks, open areas).
• Private spaces: Always illegal (washrooms, bedrooms, change rooms).
• Workplaces: Allowed only if employers have transparent policies and employees are informed.

Does Privacy Expectation Matter?

Yes. Courts examine whether there was a reasonable expectation of privacy.

Examples:

• Private: bedrooms, bathrooms, closed offices.
• Public: open spaces with visible security cameras.
• Grey areas: vehicles, lunchrooms, or semi-private spaces.

Even if technically legal, recordings may be ruled inadmissible in court if they violate privacy rights.

Are Edited Recordings Admissible?

Courts and employers expect the complete, unaltered file. Edited or trimmed recordings raise doubts about credibility and may be rejected as evidence.

Can You Be Fired for Recording Conversations at Work?

Yes. Even though one-party consent makes it legal, you can still be dismissed for recording.

In Ontario:

• An employer may terminate you for almost any reason, provided severance pay is offered.
• If the employer claims just cause, they may attempt to deny severance and EI.
• Recordings made in sensitive areas (such as healthcare settings or private rooms) carry a higher risk of just cause termination (but it remains a high bar to hit).

If you were dismissed for recording at work, you may still be owed full severance pay.

Recording Conversations in Ontario: Key Points

• Legal if you are part of the conversation.
• Illegal if you are not directly involved.
• Video recording depends on privacy expectations.
• Employers must comply with privacy legislation before recording staff.
• Secret recordings can still lead to termination, even if lawful.

What to Do If You Are Fired for Recording at Work

If your employer terminates you for recording a conversation, do not assume you have no recourse. In most cases, Ontario employees are entitled to severance pay of up to 24 months.

At our firm, we have:

• ⚖️ Settled over 99% of cases quickly through negotiation or mediation
• 💰 Secured millions in compensation
• 📱 Free Termination Consultations — in many, but not all, cases
• ⭐ Earned 3,215 5-star Google reviews (4.7 average)
• 🏆 Recognized as one of Canada’s Best Law Firms (Globe and Mail)

Call us at 1-855-821-5900 or request a consultation online.