Call recording and AI voice compliance in Canada

This is general information

Recording calls

Under the Criminal Code, intercepting a private conversation is an offence, but there is an exception when one party to the conversation consents. A business that is itself on the call is generally a consenting party. That isn't the end of it, though: a recording usually contains personal information, so privacy law also applies.

Privacy regulators expect organisations to tell callers that a call may be recorded and why, before the recording starts, and to offer a way to continue without being recorded where reasonable. That's why so many businesses open with "this call may be recorded".

With RingVia, recording is a setting. When it's on, your receptionist says in its first sentence that the call may be recorded, in the language it's speaking.

Personal information: PIPEDA and provincial laws

PIPEDA, the federal private-sector privacy law, applies to personal information collected in the course of commercial activity, including names, phone numbers and what a caller tells your receptionist. Alberta, British Columbia and Quebec have their own private-sector privacy laws that apply instead in many cases, and health information is often covered by provincial health-privacy laws.

• Collect only what you need for the purpose, and say what it is for
• Get meaningful consent, which can be implied for routine things a caller would expect, like booking the appointment they asked for
• Protect the information and keep it only as long as you need it
• Let people access their information, and answer their questions about it
• Choose service providers that protect the information on your behalf, and know where they process it

In Quebec, the Act respecting the protection of personal information in the private sector, as updated by Law 25, adds duties such as naming a person in charge of protecting personal information and reporting confidentiality incidents.

Telling callers they are talking to AI

Canada does not currently have a law in force that specifically requires a business to announce that callers are speaking with an AI. General rules still apply: privacy law expects openness about how information is collected, and the Competition Act prohibits misleading representations. Being clear is the safe and respectful choice.

RingVia's assistants never claim to be human, and you decide how yours introduces itself.

Follow-up texts and emails: CASL

Canada's Anti-Spam Legislation (CASL) covers commercial electronic messages, including texts and emails. Messages that only confirm or complete a transaction the person asked for, like a booking confirmation or appointment reminder, are generally exempt from the consent requirement, but must still identify the sender and include a way to unsubscribe. Promotional messages need consent.

RingVia asks callers whether they want a text confirmation before sending one, names your business in every text, and handles STOP replies.

Outbound calling is a separate set of rules

The CRTC's Unsolicited Telecommunications Rules and the National Do Not Call List govern telemarketing calls a business makes. An AI receptionist that answers incoming calls isn't telemarketing, but if you plan outbound campaigns, check those rules separately.

A practical checklist

• Decide whether you need recordings. If you do, keep the recording notice on and say why you record in your privacy policy
• Tell your receptionist only what it needs to answer callers, and don’t ask callers for more than you need
• Update your privacy policy to mention your AI phone service and the information it collects
• Keep booking texts transactional, and get consent before sending anything promotional
• Set a retention period for call records, and delete what you no longer need
• If you are in a regulated profession (health, law, finance), check your regulator’s guidance