Can I Record A Conversation In Ontario?

One Party Consent in Canada

Is it legal for you to record a phone call in Canada without the knowledge or consent of other participants on the call? It is, but only if you:

1. were the originator of the call,
2. are the intended recipient, or,
3. fall under a legal exception in section 184 ("section 184") of the Canadian Criminal Code ("the Code").

Assuming the aforementioned criteria does not apply, you can be prosecuted for an indictable offense (the most serious type of criminal charge in Canada) for recording a call without permission.¹ The resulting penalty could be a sentence of up to 5 years in prison.² Further detail in this regard is set out below.

Recording by Originator and Receiver of Calls