Recording job interviews in Canada: consent, PIPEDA and provincial privacy law

In Canada, recording a job interview you take part in is not a crime: the Criminal Code's interception offence does not apply when one party to the conversation consents. But businesses that record or transcribe candidates are also bound by privacy law, federal PIPEDA or the private-sector laws of Alberta, British Columbia and Quebec, which in practice means telling the candidate before you start, saying why, keeping to that purpose, offering an alternative if they object, and keeping the recording only as long as needed.

This page separates the two layers, explains which privacy law applies to which employer, covers what Quebec and Ontario add, and gives a spoken script and a notice paragraph you can use. For US calls, start with is it legal to record a job interview; for the UK, see recording interviews under UK GDPR. If the candidate is in the US and you are in Canada, both sides' rules matter.

Layer one: the Criminal Code

Section 184(1) of the Criminal Code makes it an offence to knowingly intercept a private communication by means of any electro-magnetic, acoustic, mechanical or other device, punishable by up to five years' imprisonment on indictment. Section 184(2)(a) says the offence does not apply to a person who has the consent to intercept, express or implied, of the originator of the communication or of the person intended to receive it.

What that means in interview situations, as commonly summarized:

The Criminal Code is the floor, not the answer. A business can be on the right side of section 184 and still breach privacy law by recording candidates without telling them.

Layer two: which privacy law applies

The Office of the Privacy Commissioner summarizes this on its page about provincial laws that may apply instead of PIPEDA: Alberta, British Columbia and Quebec have laws deemed substantially similar, organizations subject to them are generally exempt from PIPEDA for activity within the province, and personal information crossing provincial or national borders in commercial activity remains subject to PIPEDA.

What privacy law expects when you record

The Privacy Commissioner's guidance on recording of customer telephone calls was written for customer calls, not interviews, but it is the regulator's clearest statement on recorded conversations and maps well onto screening calls. It says the organization must inform the person that the call is being recorded and clearly state the purpose; that if the person proceeds knowing the call is recorded and why, consent is implied; that recordings may only be used for the purposes specified; that people who object should be offered alternatives; and that people have a right to request access to the recording later.

Applied to interviews:

• Tell them at the start, and before if you can. A line in the invitation plus a spoken line before capture begins. A privacy policy link alone is not the moment of collection.
• Say the real purpose. "So I have accurate notes for assessing your application" is specific. Do not say notes if you will also score, train a model or share clips with a client.
• Offer a genuine alternative. Handwritten notes, with no effect on the candidate's chances.
• Collect only what you need. A transcript meets an accuracy purpose with less data than video.
• Keep it for a set period tied to the hiring decision and any legal hold, then delete it.
• Be ready for access requests. Candidates can ask for their personal information, including recordings, transcripts and notes about them.

British Columbia: employee personal information

British Columbia's Personal Information Protection Act lets an organization collect "employee personal information" without consent where the collection is reasonable for establishing, managing or terminating an employment relationship, but section 13(3) requires the organization to notify the individual that it will be collecting the information, and the purposes, before collecting it. Whether and how that applies to applicants is worth confirming with counsel; either way, notice before recording is required.

Quebec: technology and automated decisions

Quebec's Act respecting the protection of personal information in the private sector has two provisions that matter for interview tools:

• Section 8.1: anyone who collects personal information from the person using technology that includes functions allowing the person to be identified, located or profiled must first inform them of the use of the technology and of the means available to activate those functions. "Profiling" is defined to include assessing characteristics of a person, in particular to analyze work performance, health, personal preferences, interests or behaviour. An interview tool that analyzes candidates' traits is squarely in view.
• Section 12.1: an enterprise that uses personal information to render a decision based exclusively on automated processing must inform the person no later than when it informs them of the decision, and at their request, of the personal information used, the reasons and principal factors and parameters, and their right to have the information corrected.

If a person reviews the transcript and decides, section 12.1's exclusively automated trigger is unlikely to be met, but section 8.1 still depends on what the tool does. Ask vendors specifically whether any feature profiles candidates. Consider French-language versions of your notice and script for Quebec candidates.

Ontario: job posting and interview rules from 2026

Ontario's rules are employment standards, not privacy law, but they touch interview tools. According to the province's guide to the Employment Standards Act, for publicly advertised job postings posted on or after January 1, 2026 by employers with 25 or more employees:

• If the employer uses artificial intelligence to screen, assess or select applicants, the posting must disclose it. The definition of AI is broad: a machine-based system that infers from input to generate outputs such as predictions, content, recommendations or decisions.
• Applicants who were interviewed must be told whether a hiring decision has been made within 45 days after the last interview.
• Copies of postings and associated application forms must be kept for three years after the posting is removed from public access.

A transcription tool that only records what was said may or may not be AI used to "assess" applicants; a tool that scores or summarizes candidates for the decision is closer to the line. If in doubt, disclose.

A script and a notice for Canadian interviews

In the invitation

With your agreement, I use a transcription tool during our call so I can
listen properly and keep an accurate record for assessing your
application. [We keep the transcript and notes for [period]; we don't keep
the audio.] If you'd prefer I take handwritten notes instead, just say so
before or during the call. It won't affect your application.
Details: [link to candidate privacy notice]

Spoken at the start, before capture begins

"Before we start: I'd like to transcribe this call so I have accurate
notes for your application. It's used only for this hiring process and
kept for [period]. Is that OK with you? If not, no problem, I'll take
notes by hand."

[If yes] "Thanks. If you want me to pause at any point, just tell me."
[If no]  "Of course." — do not start the tool; take handwritten notes.

French: « Avant de commencer : j'aimerais transcrire cet appel pour avoir
des notes exactes pour votre candidature. La transcription sert
uniquement à ce processus d'embauche et est conservée [durée]. Est-ce que
cela vous convient? Sinon, aucun problème, je prendrai des notes à la
main. »

Asking, rather than only announcing, gives you an express answer, which is stronger than implied consent and works for US candidates in all-party consent states too. More wording is in the interview recording consent script. Interview Signal shows a read-aloud consent line and has a one-click pause; with any tool, make sure nothing is captured before the candidate answers.

Cross-border interviews

The simplest process that satisfies all of these is the same everywhere: notice in the invitation, an explicit question at the start, a real alternative, and a fixed retention period.

A checklist for Canadian hiring teams

• Know which privacy law applies to your organization: PIPEDA, Alberta, British Columbia or Quebec.
• Candidate privacy notice covers recording or transcription, purpose, retention, service providers and access rights.
• Invitation line sent, and spoken consent question asked before capture starts.
• Handwritten notes offered, with no effect on the application, if the candidate declines.
• No bot or third-party service joins a call without everyone on it knowing.
• For Quebec candidates: vendor confirmed whether any feature profiles candidates; notice updated; French versions ready.
• For Ontario postings from employers with 25 or more employees: AI use disclosed if tools screen, assess or select; interviewed applicants told of the decision status within 45 days.
• Retention period set for transcripts and recordings, and deletion scheduled.
• Process ready to find and provide a candidate's recording, transcript and notes on request.