Quebec Recording Laws: One-Party Consent & Civil Code

Recording a conversation you are part of is lawful anywhere in Quebec. Canada's Criminal Code sets a single national rule: one-party consent. What makes Quebec distinct is what happens after you press record. The province's Civil Code, its Charter of Human Rights and Freedoms, and Law 25 create the broadest civil privacy protections in the country, covering not just organisations but every individual.

Is It Legal to Record Conversations in Quebec?

Yes, if you are a party to the conversation. Canada is a one-party consent country under the federal Criminal Code, and that rule applies uniformly in every province and territory, including Quebec. No Quebec law changes the consent standard for audio recording.

Section 184(1) of the Criminal Code makes it an indictable offence, punishable by up to five years imprisonment, for any person to knowingly intercept a private communication by electronic, acoustic, mechanical or other means. The critical exception is in s. 184(2)(a): the offence does not apply to a person who has the consent (express or implied) of the originator of the private communication or of the person intended by the originator to receive it.

In plain language: if you are on the call or present in the conversation, you are a party to it, and you can record it. You do not need to tell the other participants you are recording.

Section 183 of the Criminal Code defines "private communication" to mean an oral communication or telecommunication made under circumstances in which it is reasonable for the originator to expect it will not be intercepted by anyone other than the intended recipient. A conversation held in a loud public space where anyone can overhear may not qualify as a private communication at all, meaning s. 184 is not even engaged.

Section 183.1 extends the one-party rule to multi-party conversations: where a communication originates from more than one person or is intended to be received by more than one person, consent by any one of those persons is sufficient consent for the purposes of Part VI of the Criminal Code.

Recording Conversations You Are Part Of

As a party to a conversation, you may record it in Quebec without criminal liability under the federal one-party consent framework. This applies to:

• In-person conversations at work, at home, or in public places
• Telephone calls and video calls, including those over apps like WhatsApp, Teams, or Zoom
• Group conversations and meetings where you are a participant
• Text-based communications (note: these are not "private communications" as defined in s. 183, which refers to oral communications and telecommunications, but they raise analogous civil privacy considerations)

The one-party consent rule means your own consent is the required consent. You do not need the permission of the other parties. This is a federal rule that cannot be made stricter by provincial legislation, and Quebec has not attempted to do so.

The civil law layer changes the picture. Recording may be criminal-code-lawful but still expose you to a civil lawsuit under Quebec's Civil Code, as explained in the Quebec privacy law section below. Lawful under the Criminal Code and safe from all legal consequences are not the same thing in Quebec.

Recording Others: Private Communications You Are Not Part Of

Recording a private conversation you are not a party to, and without the consent of any party, is a federal criminal offence under s. 184(1) of the Criminal Code. The offence is indictable and carries up to five years imprisonment, or may proceed as a summary conviction offence.

A separate offence under s. 193(1) of the Criminal Code targets disclosure: knowingly using, disclosing, or revealing the substance of a private communication that was intercepted without consent is also an indictable offence punishable by up to two years imprisonment. Recording someone without consent is serious; sharing what you recorded is a distinct crime.

Examples of conduct that fall within s. 184(1):

• Placing a hidden recording device in a room to capture conversations among other people
• Recording a telephone call you are not a party to by tapping the line
• Using any electronic means to intercept private communications between others without any party's consent

Police and law enforcement agencies may intercept private communications under judicial authorisation through Part VI of the Criminal Code's wiretap warrant scheme. Individuals do not have access to that exception.

Recording Phone Calls in Quebec

Phone calls are telecommunications within the definition of "private communication" in s. 183 of the Criminal Code. The one-party consent rule applies in full: if you are one of the parties to the call, you may record it.

There is no requirement under Quebec law to announce that you are recording before the call begins, or to obtain the other party's consent. Automatic "this call may be recorded" notices you hear from businesses are a best practice for organisational compliance purposes under Law 25 and the Act respecting the protection of personal information in the private sector. They are not legally required of individuals.

If you record a phone call you are part of and subsequently share it publicly, the civil privacy considerations under the Civil Code of Quebec become relevant. Publishing or broadcasting the substance of a private call, even if lawfully recorded, can constitute an invasion of privacy under arts. 35-41 of the Civil Code, particularly if the content disclosed information the other speaker reasonably expected to remain private.

Video Recording and Voyeurism

The federal one-party consent rule governs audio interception of private communications. It does not licence all forms of video recording.

Section 162(1) of the Criminal Code creates the voyeurism offence: everyone who surreptitiously observes (including by mechanical or electronic means) or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy commits a criminal offence. The three circumstances are:

1. A place where nudity or sexual exposure is reasonably expected (changing rooms, bathrooms, bedrooms)
2. Where the person is actually nude or sexually exposed and the purpose is to record that state
3. Where the observation or recording is for a sexual purpose

Voyeurism is an indictable offence punishable by up to five years imprisonment, or a summary conviction offence. The offence applies whether the recording is audio, video, or both.

Section 162.1(1) creates a distinct offence for non-consensual distribution of intimate images: knowingly publishing, distributing, transmitting, selling, making available, or advertising an intimate image of a person without their consent (or being reckless as to consent) carries up to five years on indictment. This applies even if the image was originally obtained lawfully.

In public spaces such as a busy street, a park, or a public event, people generally do not have a reasonable expectation of privacy, and s. 162 is not engaged by ordinary photography or filming. But Quebec's Civil Code adds a further dimension: even in public, capturing and publishing someone's identifiable image without their consent may engage arts. 35-41 and the image-rights principles developed in Quebec civil jurisprudence (discussed below).

Recording Police in Quebec

Recording police officers and other public officials performing their duties in a publicly accessible space is lawful in Canada. No provision of the Criminal Code prohibits filming police. The right is grounded in s. 2(b) of the Canadian Charter of Rights and Freedoms, which guarantees freedom of expression, and the courts have interpreted this to include the right to gather information (including by filming) in public spaces.

The only criminal limit is s. 129 of the Criminal Code, which makes it an offence to obstruct or resist a peace officer in the lawful execution of their duties. Recording that physically interferes with an arrest, blocks officers, or requires officers to divert their attention from their duties can cross into obstruction. Standing at a distance and filming does not.

Police officers in Quebec, as elsewhere in Canada, cannot lawfully order bystanders to stop recording as a routine matter, and cannot seize a recording device without a warrant or a recognised common-law warrant exception such as exigent circumstances. Complying with an unlawful order to stop filming is a choice, not a legal requirement.

Workplace and Surreptitious Recording in Quebec

Recording a workplace conversation you are a party to is lawful under Criminal Code s. 184(2)(a). Employees in Quebec lawfully record one-on-one conversations with managers, meetings they attend, and disciplinary discussions they are present for, without criminal liability.

However, criminal lawfulness does not protect against all consequences:

Employment consequences. Quebec courts and labour arbitrators have recognised that covert workplace recording, even when technically legal, can constitute a breach of trust, a breach of the duty of loyalty, or conduct incompatible with the employment relationship. Depending on the circumstances, covert recording has been upheld as just cause for dismissal. Context, proportionality, and the purpose of the recording all matter to this analysis.

Civil Code exposure. Quebec's Civil Code creates a stronger basis than most provinces for a civil claim arising from workplace recording. If a recording captures information about a third party, or is used in a way that invades another person's private life, arts. 35-41 of the Civil Code can be engaged independently of whether the recording itself was criminal. The duty of confidentiality that exists in many employment relationships also interacts with the Civil Code's privacy protections.

Law 25 obligations for employers. An employer who deploys call-recording systems, CCTV, or monitoring software in Quebec must comply with the Act respecting the protection of personal information in the private sector as modernised by Law 25. Employers must have a legitimate purpose, must disclose the existence of monitoring to employees, and must conduct a privacy impact assessment before deploying new technologies that collect personal information.

Employees who suspect they are being recorded by their employer without disclosure should contact the Commission d'acces a l'information du Quebec (CAI), which enforces Law 25 against organisations.

Quebec's Privacy Law: The Broadest Protection in Canada

This is where Quebec differs most from every other province. Three overlapping legal regimes protect individual privacy in Quebec beyond what the Criminal Code provides.

Civil Code of Quebec: Arts. 35-41

The Civil Code of Quebec establishes that every person has a right to the respect of their private life. Article 35 states that no one may invade the privacy of a person without the consent of the person or without the authority of law. This is a general right that applies to individuals and organisations alike. It is not limited to commercial actors or employers.

Article 36 lists specific acts that may be considered violations of the right to privacy, including:

• Entering or taking anything from a person's dwelling
• Intercepting or using private communications
• Appropriating or using a person's image or voice for purposes other than the legitimate information of the public
• Keeping a person under observation
• Using a person's correspondence, manuscripts, or personal documents

Article 36 is not exhaustive. It illustrates the kinds of conduct that can breach the right to privacy, but courts can find violations beyond this list.

The Quebec Court of Appeal and the Supreme Court of Canada have confirmed that the right to privacy under the Civil Code is a fundamental right of the person, grouped with the right to life, personal inviolability, and the freedoms guaranteed by the Quebec Charter. It is not a mere rule of contract or tort: it is part of Quebec's foundational civil law framework.

Quebec Charter of Human Rights and Freedoms: Section 5

Section 5 of the Quebec Charter of Human Rights and Freedoms states that every person has a right to respect for his private life. This is a quasi-constitutional guarantee under Quebec law. The Quebec Charter applies to relations between individuals as well as between individuals and the state, unlike the Canadian Charter of Rights and Freedoms, which applies only to state action.

The combined effect of the Civil Code and the Quebec Charter is that any person whose privacy is invaded in Quebec, whether by an individual, a business, or a government body, has potential legal recourse, regardless of whether the conduct was also a Criminal Code offence.

Aubry v. Editions Vice-Versa: Image and Voice Rights

The Supreme Court of Canada's decision in Aubry v. Editions Vice-Versa, [1998] 1 SCR 591, is the leading authority on the right to one's image in Quebec. The SCC held that a person's image is an attribute of their personality protected by s. 5 of the Quebec Charter. Taking and publishing a photograph of an identifiable person without their consent can constitute a violation of that person's right to privacy, actionable under the Quebec Charter and the Civil Code, even when the photograph was taken in a public place.

The court held that the right to privacy must be balanced against freedom of expression, but that in many cases, particularly where a private individual is photographed without consent for publication in a commercial medium, the privacy right prevails. Public figures accept a reduced sphere of privacy in respect of their public roles, but not in respect of all aspects of their lives.

The principles from Aubry extend to voice: art. 36 of the Civil Code expressly includes appropriating or using a person's image or voice without consent as a potential privacy violation. Recording a person's voice and using it for purposes other than legitimate public information can therefore engage civil liability in Quebec independently of the Criminal Code analysis.

This is Quebec's most important distinction from common-law provinces. In Ontario, a person harmed by a non-criminal recording must meet the three-part test in Jones v. Tsige (intentional or reckless intrusion, highly offensive, causing distress). In Quebec, a person whose image or voice is captured and used without consent for non-public-interest purposes has a cause of action under the Civil Code and the Quebec Charter without needing to satisfy those elements.

Law 25: Obligations for Organisations

Quebec's Act respecting the protection of personal information in the private sector (CQLR c P-39.1), substantially modernised by Law 25 (Act to modernise legislative provisions as regards the protection of personal information, SQ 2021, c 25), applies to every enterprise that collects, holds, uses, or communicates personal information about a natural person in the course of carrying on an enterprise. Law 25 came into force in phases between September 2022 and September 2023.

Key obligations under Law 25 include:

• Mandatory appointment of a privacy officer responsible for implementing the Act
• Privacy impact assessments (PIAs) before deploying any technology that collects personal information
• Breach notification to the CAI and to affected persons when a confidentiality incident presents a risk of serious injury
• Stricter consent requirements: consent must be manifest, free, and informed, and sought for a specific purpose
• Right of individuals to access, rectify, and obtain a copy of their personal information in a portable format
• Fines for organisations that violate the Act: up to C$25 million or 4% of worldwide turnover (whichever is greater) for the most serious violations

Law 25 does not apply to individuals collecting personal information strictly for personal purposes. An individual recording their own conversations does not become subject to Law 25 merely by pressing record. The Act targets commercial and enterprise activity.

Law 25 is enforced by the Commission d'acces a l'information du Quebec (CAI). The CAI has the power to investigate complaints, issue orders to comply, and impose administrative monetary penalties.

PIPEDA, the federal personal information statute, still applies to federally regulated businesses and to any interprovincial or international transfer of personal information involving Quebec. For most intra-Quebec commercial activity, Law 25 displaces PIPEDA because the Governor in Council has declared the Quebec Act to be substantially similar to PIPEDA.

Penalties for Illegal Recording in Quebec

The penalties for violating federal recording law are set by the Criminal Code and are the same across Canada:

• Intercepting a private communication without consent (s. 184(1)): Indictable offence, up to five years imprisonment; or summary conviction
• Disclosing an intercepted private communication (s. 193(1)): Indictable offence, up to two years imprisonment; or summary conviction
• Voyeurism (s. 162(1)): Indictable offence, up to five years imprisonment; or summary conviction
• Non-consensual distribution of intimate images (s. 162.1(1)): Indictable offence, up to five years imprisonment; or summary conviction
• Obstruction of police (s. 129): Summary conviction offence

Beyond the Criminal Code, Quebec's civil law remedies are significant:

• Civil Code claim (arts. 35-41): Damages for moral (non-pecuniary) harm, including distress, humiliation, and loss of dignity. No proof of financial loss is required. Courts have awarded damages for image and voice rights violations.
• Quebec Charter claim (s. 49): Compensatory damages for violation of the Charter right to private life under s. 5; punitive damages where the violation is unlawful and intentional.
• Law 25 organisational penalties: Administrative fines up to C$25 million or 4% of worldwide turnover for serious violations.
• Employment law consequences: Dismissal for cause or disciplinary measures for employees who covertly record colleagues.

Practical Tips for Recording in Quebec

You can always record yourself. If you are a party to the conversation, the federal one-party consent rule protects you from criminal liability under the Criminal Code.

Think before you publish. Recording a conversation is one legal question; sharing it publicly is another. Disclosing a recording of another person's private communications can engage s. 193 of the Criminal Code (if the recording was obtained without consent), and Civil Code arts. 35-41 even if the recording was lawfully made. The broader the audience, the greater the civil exposure.

Image and voice rights are real in Quebec. Photographing or recording an identifiable person's image or voice and using it without their consent, even in a public place, can give rise to a civil claim under the Civil Code and the Quebec Charter in light of the Aubry principles. This is not theoretical; it has been litigated.

Employers must be transparent. If you run a business in Quebec and use call-recording, CCTV, or monitoring software, Law 25 requires disclosure, a legitimate purpose, and a privacy impact assessment. Covert employer surveillance violates Law 25 and the Civil Code.

Recording for evidence. Courts across Canada regularly admit recordings made by parties to a conversation. If you are recording to preserve evidence of a dispute, a harassment complaint, or a workplace incident, the recording is generally admissible. However, how you use it, particularly sharing it widely or posting it online, raises separate legal considerations.

Police recordings in public are protected. In Quebec as across Canada, filming police performing their duties in public spaces is a lawful exercise of freedom of expression under s. 2(b) of the Canadian Charter. Do not physically interfere with police operations.

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