Recording has quietly become normal. Support calls get recorded for quality, sales calls for notes, and AI note-takers now sit silently in half our video meetings, transcribing everything. It is convenient, but it raises a fair question a lot of small businesses never stop to ask: are we actually allowed to record this? In Canada the answer has real nuance, and as a business you carry duties that go beyond what the law strictly requires. Here is the plain-language version. This is orientation, not legal advice.
The basic legal position
Canada is generally described as a one-party consent country. Under the Criminal Code, it is not a crime to record a private conversation as long as one party to it consents, and if you are part of the conversation, that party can be you. Recording a conversation you are not part of, on the other hand, is a serious offence. So legally, you can often record a call you are on without asking. But legal permission and good practice are two different things, and for a business they are not the whole story.
Why a business has extra duties
The moment you are an organization recording customers or staff, privacy law enters the picture. Under PIPEDA and Quebec's Law 25, a recording of a person is their personal information, so the usual expectations apply: tell people, have a reason, and handle the recording responsibly. That is why legitimate businesses play the familiar "this call may be recorded" message, it is notice and an opportunity to consent. The practical rule is simple: even where the Criminal Code would let you record silently, as a business you should disclose it.
Meetings, AI note-takers, and employees
- Video meetings and AI note-takers: if a bot is transcribing, everyone in the meeting should know. Announce it, or better, ask, since these tools capture and store a lot.
- Recording employees sits under workplace privacy rules, which expect a real purpose and transparency, not covert surveillance.
- Sensitive contexts (health, legal, financial) call for extra care and, often, explicit consent.
Handle the recordings, not just the consent
Consent is only half of it. A recording is data you now hold, so treat it like any other personal information: store it securely, limit who can access it, and do not keep it longer than you need (your retention practice applies). Get the two halves right, disclose that you are recording, and look after what you capture, and recording stays the useful tool it should be, rather than a quiet liability.