Is it legal to record calls or use an AI notetaker in Canada?

AI notetakers that join video calls and produce transcripts and summaries are now standard in sales, recruiting and customer success. Two separate sets of rules apply: criminal law on interception, and privacy law on collecting personal information.

Is recording a conversation a crime?

Not if you’re a party to it. Section 184 of the Criminal Code makes it an offence to knowingly intercept a private communication, but under section 184(2)(a) the offence doesn’t apply when the person who made the communication, or the person it was intended for, consents. Recording a conversation you aren’t part of, such as leaving a bot in a meeting you’ve left, raises the criminal question.

Why isn’t one-party consent enough for a business?

Because a business that records customers, prospects or candidates is collecting their personal information in the course of commercial activity, and PIPEDA applies. It generally requires you to identify the purpose and get meaningful consent. That’s why calls start with “this call may be recorded for quality and training purposes”. Continuing after a clear notice can be implied consent for a reasonable purpose; it won’t cover unexpected uses.

What changes with an AI notetaker?

Question	Why it matters
Where are recordings and transcripts stored?	You remain responsible for data you send to the vendor. See storing data outside Canada
Does the vendor train on them?	A new use your notice probably didn’t mention
Who can see summaries?	Notetakers often email summaries to every attendee, including external ones
How long are they kept?	PIPEDA requires deletion when no longer needed
Does it capture confidential or health information?	NDAs, customer contracts and PHIPA may restrict this

What should I do?

• Announce the notetaker at the start of each meeting, and let external participants object.
• Use a business plan with data processing terms and no training on your content, if available.
• Turn off automatic sharing of summaries with external attendees, or check them first.
• Set retention periods for recordings and transcripts.
• Cover approved notetakers in your AI use policy.

What about employees and clinics?

Recording employees’ calls is monitoring, and Ontario employers with 25 or more employees on January 1 need a written electronic monitoring policy. See does PIPEDA apply to employee information. Clinics using AI scribes for patient visits are subject to PHIPA: see can a clinic use an AI scribe.

What about calls with people in other countries?

Some US states require all parties to consent to a recording, and the GDPR applies to some EU participants. If you record international calls, getting everyone’s consent is the safer practice.

What to do next

We prepare privacy policies and review AI vendor terms as a contract review, at fixed fees on our fees page.

This guide is general information about Ontario and Canadian law, not legal advice for your situation. To talk through your recording practices, book a free 15-minute consult.