CanadaCriminal Code, Interception of Private Communications
R.S.C. 1985, c. C-46, ss. 184, 193, 194
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What follows is LexLint's own research summary of this law, not legal advice.
In force.
An interception and recording consent rule binding public and private bodies.
As of .
What it requires
- Get the consent, express or implied, of the originator of a private communication or of the person the originator intended to receive it, before intercepting it by an electro-magnetic, acoustic, mechanical or other device; consent from either one of those two people is enough under federal law, so a business recording its own calls is not committing this offence.
- Before a recording or transcription vendor intercepts a call for you, give it your consent as a party to the call: the exemption covers any person who has a party's consent, not only the party.
- Do not knowingly use, disclose, or disclose the existence of, a private communication that was intercepted without the consent this rule requires.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Interception under section 184 is an indictable offence carrying up to five years' imprisonment, or a summary-conviction offence; unauthorized use or disclosure of an intercepted communication under section 193 is an indictable offence carrying up to two years' imprisonment, or a summary-conviction offence.
Who enforces it
Enforcement body
Public prosecution by the Crown; a court that convicts an accused may additionally order punitive damages under section 194 on the application of a person aggrieved, but only after a conviction and only at sentencing, not as an independent civil suit.
What it reaches
Obligation class
Consent, Prohibition
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Section 184(1) makes it an offence, punishable by up to five years' imprisonment on indictable conviction or by summary conviction, to knowingly intercept a private communication by means of an electro-magnetic, acoustic, mechanical or other device.
Section 184(2)(a) exempts a person who has the consent, express or implied, of the originator of the communication or of the person the originator intended to receive it, which makes Canada a one-party-consent jurisdiction; that exemption is not limited to a person who is themselves a party to the call, so a third party such as a recording or transcription vendor engaged by a business can rely on the same consent the business itself holds as a party to the call.
A further exemption in section 184(2)(c) covers a telecommunications service provider that intercepts a communication where necessary to provide the service, for service-quality monitoring, or to protect its own rights or property related to providing the service.
Section 193(1) separately makes it an offence, punishable by up to two years' imprisonment on indictable conviction or by summary conviction, to knowingly use, disclose, or disclose the existence of, a private communication that was intercepted without the consent of the originator or intended recipient.
Section 194 lets a court that has convicted an accused of an offence under section 184, 184.5, 193 or 193.1 order, on the application of the person aggrieved and at the time sentence is imposed, punitive damages of up to $5,000, unless that person has already commenced an action under Part II of the Crown Liability Act over the same conduct; the award, once made, can be registered and enforced as a civil judgment.
When LexLint raises it
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Read the law
Official text, Department of Justice Canada, laws-lois.justice.gc.ca, consolidated Criminal Code
Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.