Can You Legally Record a Conversation at Work in Ontario?

In Ontario, you can legally record a conversation at work—but only if you’re part of it. Thanks to Canada’s “one-party consent” rule, it’s not illegal to record a conversation you’re participating in, even if the other person doesn’t know.

That said, recording a conversation without telling your boss or coworkers can still backfire. You could loss your job, even if the recording is technically legal.

Here’s what Ontario workers need to know before hitting record.

What is the One-Party Consent Rule in Ontario?

Ontario follows the one-party constent rule under Section 184 of the Criminal Code of Canada. This means:

• If you are part of a conversation, you can legally record it.
• You do not need the other person’s consent.
• If you are not part of the conversation, recording it is illegal.

This law applies to in-person conversations, phone calls, and virtual meetings.

Is Ontario a One-Party Consent Province?

Yes. Ontario is a one-party consent province. That means you can legally record a conversation if you’re one of the people involved. You don’t need permission from the other participant(s).

But just because something is legal doesn’t mean there won’t be consequences at work.

Can You Record a Conversation With Your Boss Without Their Consent?

Yes, you can. If you are part of the conversation, you can record it without telling your boss.

However, you should carefully consider whether it’s a good idea. Many employers view secret recordings as a breach of trust. In some rare cases, it can be grounds for termination for cause, meaning you might not get severance or Employment Insurance (EI).

If you’re thinking about recording a conversation for protection, speak to an employment lawyer at Samfiru Tumarkin LLP first.

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 I Record a Coworker Who is Harassing Me?

Yes, if you are part of the conversation and you’re recording to document workplace harassment or bullying.

This can be helpful when:

• You’re trying to show a pattern of inappropriate behaviour
• You’re worried your complaint won’t be believed

While legal, it’s still a good idea to consult HR, your supervisor, or a lawyer at our firm before proceeding.

Is It Illegal to Record a Conversation You’re Not Part Of in Ontario?

Yes. Under the Criminal Code, it’s illegal to intercept a private conversation if you’re not a participant.

Even if you have good intentions, recording someone else’s conversation without being part of it can lead to criminal charges or lawsuits.

Can Employers Record Conversatios at Work in Ontario?

Employers can record workplace communications, but they must follow privacy laws.

• Employers must have clear policies about recording.
• Employees must be informed about monitoring practices.
• Secret audio recordings can breach PIPEDA (Personal Information Protection and Electronic Documents Act).

If an employer is planning to record you at work, there should be a written policy or signed consent in your employment contract.

Can I Be Fired for Recording Conversations at Work?

Yes. Even if your recording is legal under one-party consent, you can still be let go.

In Ontario:

• You can be terminated for any reason as long as it’s not discriminatory and proper severance is paid – as much as 24 months’ pay in Ontario
• If the recording is seen as serious misconduct, your employer may try to claim just cause and deny severance and EI.

Recordings made in private areas (like washrooms or changing rooms) or that involve sensitive info (like patient care or company secrets) could increase the risk of just cause.

Recording at Work in Ontario: Key Takeaways

• ✅ Legal if you’re part of the conversation
• ❌ Illegal if you’re not involved
• ❓ Could lead to termination (with or without cause)
• ⛔ Employers must follow strict privacy rules

What to Do If You Were Fired for Recording at Work

If you were let go for recording a workplace conversation in Ontario, speak with an employment lawyer at Samfiru Tumarkin LLP. Even if the dismissal seems fair, you are still owed full severance.

Why Choose Samfiru Tumarkin LLP?

We are Samfiru Tumarkin LLP — Canada’s top-rated employment law firm for non-unionized employees. We’ve helped over 50,000 people secure compensation after job loss, and we’re the most positively reviewed law firm in the country, with over 3,000 five-star Google reviews.

Our team has extensive experience assisting employees who have been laid off or terminated by Company!. We’ve successfully handled cases involving wrongful dismissal, constructive dismissal, and unfair severance offers.

Trusted by Thousands. Respected Nationwide.

We’ve represented employees from startups to multinational corporations across Canada and in every major industry.

If you’ve been let go by your employer, speak with an experienced employment lawyer at Samfiru Tumarkin LLP before signing any documents.

We assist employees in Ontario, Alberta, and British Columbia—ensuring their rights are fully protected. We also assist clients with insurance claims across all provinces (excluding Quebec), including

• Short-term disability
• Long-term disability
• Life insurance
• Critical illness
• Mortgage insurance
• CPP disability

Get Help Today!

Contact Samfiru Tumarkin LLP to get the compensation you deserve. Call 1-855-821-5900 or request an online consultation.

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