OHI | Can My Tenant? · Ontario rental question #46
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Last verified: September 15, 2026
Quick answer: A person who is actually participating in a private conversation can generally consent to recording it under Canada’s Criminal Code. Secretly intercepting a conversation between other people is different. Even a lawful recording can create privacy, harassment, employment or disclosure issues depending on how it is used.
Section 184 of the Criminal Code prohibits interception of private communications but includes a consent exception. One participant’s consent can generally be sufficient.
That does not create an unrestricted right to place hidden devices, record conversations the person is not part of, enter private areas, or post recordings publicly. Other laws and LTB evidentiary rules may apply.
Can a recording be used at the LTB?
A party may seek to rely on relevant evidence, but admissibility, authenticity, completeness, fairness and weight are decided in the proceeding. Preserve the original file and context.
Does the landlord have to be told?
Criminal one-party consent does not necessarily require advance notice where the recorder participates, but openness may reduce conflict. Professional or workplace contexts may create additional duties.
Can it be posted online?
Public disclosure creates different privacy, defamation and safety risks. A recording made for evidence should not automatically be treated as social content.
What should the tenant do?
- Record only conversations you participate in.
- Preserve the complete original and avoid misleading edits.
- Secure the file and limit disclosure.
- Get advice before recording third parties or publishing content.
What should the landlord do?
- Assume important tenancy conversations may later be documented.
- Communicate accurately and professionally.
- Do not seize a device or retaliate over lawful documentation.
- Preserve your own records and obtain advice about disputed evidence.
Example
A tenant records their own phone call with the landlord. That differs from leaving a hidden recorder to capture conversations between the landlord and contractors when the tenant is absent.
Related OHI guides and tools
Official sources
- Residential Tenancies Act, 2006
- Landlord and Tenant Board: Renting in Ontario
- Current LTB forms and instructions
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General information only: This article discusses Ontario residential tenancies and is not legal advice. Other laws, bylaws and condominium rules may also apply. Rules and forms change; verify current information with the responsible authority or obtain advice from a licensed Ontario legal professional.