With smartphones and recording apps always within reach, employees may be tempted to record conversations at work, especially during performance reviews, disciplinary meetings, or conflicts with management. But recording people in the workplace without consent can carry serious legal and employment consequences.
While Canadian criminal law permits certain recordings under the “one-party consent” rule, that does not mean workplace recordings are risk-free. Even lawful recordings can violate company policies, privacy obligations, or confidentiality rules, and in some cases, can amount to just cause for termination.
So, when is it legal to record conversations at work in Canada, and when could doing so cost you your job?
Is it legal to record conversations in the workplace in Canada?
Recording conversations at work can raise criminal issues, trigging the “one-party consent rule”.
thout the consent of at least one party involved is generally not allowed. In practice, this means:
- If you are a participant in the conversation, you can record without the other party’s consent, without triggering criminal liability.
- If you are not part of the conversation and the conversation is private, you must gain consent prior to recording. If consent is not obtained, then you are exposing yourself to an offence.
For example, you are allowed to record a performance review with their manager without obtaining your manager’s consent. However, secretly recording conversations between coworkers or management that you are not involved in may expose you to criminal liability.
Legal recordings does not mean risk free recording
Just because an employee may not be violating the Criminal Code does not mean there aren’t additional risks. The employee may still face serious consequences.
Recording conversations in the workplace can:
- Violate workplace policies
- Breach privacy laws in some circumstances.
- Undermine trust in the employment relationship
In some cases, these issues may justify just cause termination, even when the recording itself is lawful.
Can recording conversations at work lead to termination?
Yes. Secretly recording sensitive information or confidential business information could amount to just cause for termination.
The British Columbia Court of Appeal provided some guidance on the topic. In Shalagin v Mercer Celgar Limited Partnership, 2023 BCCA 373 the employee was terminated without cause. The employer later found out that the employee had secretly recorded numerous conversations in the workplace and alleged after-acquired cause for termination.
In this case, the employer had:
- a code of conduct that required honesty and integrity
- a confidentiality policy that prohibited employees from using, disclosing or removing confidential information outside of the company.
Considering these policies, the BCCA found that the secret recordings would have amounted to just cause for termination. As the recordings contained sensitive, serious, and personal information about the employee’s co-workers, the court found that the employee should have been aware that the recordings would cause discomfort.
Ultimately, the court found that this conduct undermined the relationship of trust between employer and employee and acknowledged that allowing the recordings would encourage the practice and lead to widespread privacy concerns.
Key takeaways: Recording conversations at work is risky
This case highlights:
- the serious risk of recording conversations in the workplace without consent and authorization.
- Employees should be cautious as a result.
Just because recording the conversation may be legal under criminal law does not mean it is safe or permitted in the workplace.
What employees should know before recording conversations at work
Employees often record conversations to protect themselves, but doing so without legal guidance can backfire. Courts have repeatedly confirmed that trust and confidentiality are foundational to the employment relationship. Even well-intentioned recordings can result in serious consequences if they cross policy or privacy boundaries.
Get legal advice before recording workplace conversations
Workplace privacy issues can be complex, and the consequences of getting it wrong can be severe. When it comes to privacy in the workplace, speaking with an experienced employment lawyer can help you understand your rights and legal options. Whitten & Lublin can help. Contact us online or by phone at (416) 640-2667
Author – Sophie Teversham
Frequently Asked Questions About Recording Conversations at Work.
Can an employee legally record conversations at work in Canada?
Yes, if the employee is a participant in the conversation, Canadian criminal law generally allows recording under the “one-party consent” rule. However, legality under the Criminal Code does not protect an employee from workplace discipline or termination.
Is it illegal to secretly record your manager in Canada?
Not necessarily. If you are part of the conversation, it may be legal under the Criminal Code. However, secretly recording your manager can still violate workplace policies, privacy obligations, or confidentiality rules and may lead to dismissal.
Can recording conversations at work be just cause for termination?
Yes. Courts have confirmed that secret workplace recordings, especially those involving confidential or sensitive information can amount to just cause for termination, even if the recording itself was lawful.
Can my employer fire me for recording conversations without consent?
An employer may discipline or terminate an employee for recording workplace conversations if the conduct breaches company policies, undermines trust, or violates privacy or confidentiality obligations.
Should I talk to a lawyer before recording conversations at work?
Yes. Because recording conversations at work can expose you to legal and employment risks, speaking with an experienced employment lawyer before recording is strongly recommended.
