Recording conversations at work (Canada): What you need to know

In Canada, you can record your own conversations at work without informing others. Only you have to consent to recording it.

In a day and age where electronic devices have become an accessory that is in some form or another carried around with us at all given times, our understanding of privacy in all facets of our lives is changing.

The truth is, even in an environment like the workplace, where one might think what they do or say is relatively private, this is not always the case.

Continue reading to discover your rights regarding workplace conversations in Canada. We also have resources addressing workplace recordings in Ontario, Alberta and BC.

WATCH: Employment lawyer Alex Lucifero joined CTV Morning Live to discuss whether or not it’s illegal to record conversations at work in Canada.

Can my employer record conversations with me?

The short answer is yes. Your employer can record work conversations with you as long as there is a representative of the company in attendance during the discussion.

Recording a conversation with an employee is also subject to privacy legislation. If your employer wants to record a work conversation with you, there should be a written policy citing applicable legislation.

It also should be clearly stated in your employment contract that you shouldn’t have an expectation of privacy in the workplace.

SEE ALSO
• Electronic monitoring in Ontario: What employees need to know
• Employment lawyer on employee monitoring and new Ontario legislation

Can I record a coworker’s conversation without their permission?

No. It’s illegal to record conversations at work that you are not participating in.

• Example: Your boss and a coworker are having a conversation about you. You are in the room, but you are not part of the discussion. Secretly recording them would breach section 184 of the Criminal Code of Canada and could lead to hefty penalties, including imprisonment for up to five years.

LISTEN: Employment lawyer Lior Samfiru explains what rights you have if a coworker secretly records your conversation with someone else on an episode of the Employment Law Show.

I have a recording of my manager bullying me, what should I do?

In Canada, non-unionized employees at don’t have to tolerate harassment or discrimination in the workplace, either from managers or coworkers.

Every employer has a duty to investigate and respond appropriately to allegations of harassment and abuse.

If your company is creating, or allows for the creation of, a hostile or toxic work environment, this can be grounds for a constructive dismissal.

Contact an employment lawyer at Samfiru Tumarkin today to explore your rights.

READ MORE
• Vancouver Park Board accused of racism and toxic workplace culture
• Do I get severance if I quit?

Can I be fired for recording my conversations at work?

Your employer can fire you for recording your own conversations at work.

This is called a termination without cause. In Canada, companies can let employees go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal are not discriminatory

If you record conversations at work that you aren’t part of, your boss might be able to fire you for cause.

In this situation, the company wouldn’t have to provide you with a severance package and you can’t access to Employment Insurance (EI) benefits.

LEARN MORE
• How to calculate severance pay
• Severance for provincially regulated employees
• Employment Insurance and Severance in Alberta

Comprehensive services for employees

If you were fired for recording your own conversations at work, contact the experienced employment law team at Samfiru Tumarkin LLP. Our employment lawyers have successfully represented thousands of non-unionized individuals in various regions across Ontario, Alberta, and B.C.

In addition to severance package negotiations, we can assist you on a broad range of employment matters, including:

For a comprehensive overview of employment, disability, and personal injury law, explore our Law Essentials page.

If you are a non-unionized employee who needs help with a workplace issue, contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.