privacy rental-property evidence recording british-columbia
Secretly recorded audio to meeting with landlord and now starting a dispute against him. Can I submit it as evidence?
<p>My ex-landlord preferred to communicate by in person meetings. I began covertly recording our meetings with the microphone on my phone. Only the audio was recorded, not the video. My ex-landlord was unaware he was being recorded.</p>
<p>I am applying to the <a href="https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution" rel="noreferrer">residential tenancy branch</a> (RTB) with multiple concerns to get money from my ex-landlord. Can I submit the audio recording as evidence? I asked the RTB directly and they said they accept any type of evidence, however to check with the <a href="http://%20www.oipc.bc.ca" rel="noreferrer">Office of the Information and Privacy Commissioner</a>. I contacted them but was given such a bureaucratic answer I couldn't make sense of it (I think it amounted to &quot;we don't give legal advice&quot;).</p>
<p>Can I get in trouble for submitting an audio recording of meetings I had with my landlord even if he wasn't aware he was being recorded? On a couple instances other tenants momentarily joined in the meeting but walked away before it was done. Does this make a difference?</p>

<p><strong>Yes, you can use it as evidence</strong></p>
<p>Canada clearly requires what is called a <em>one-party</em> consent for recordings. <a href="https://laws-lois.justice.gc.ca/eng/acts/c-46/section-184.html" rel="nofollow noreferrer">Section 184(1)</a> of the criminal code makes it a crime to &quot;knowingly intercept a private communication.&quot; However, Section 184(2)(a), the &quot;<em>Saving Provision</em>,&quot; says the prohibition &quot;<strong>does not apply to</strong>&quot;:</p>
<blockquote>
<p>(a) <strong>a person who has the consent</strong> to intercept...of the originator of the private communication or of the person intended by the originator thereof to receive it.&quot;</p>
</blockquote>
<p>Because you: a) either originated the conversation or were the person your landlord intended to talk to; and b) gave your consent by making the recording; therefore, c) you are covered by this clause.</p>
<p>For more details, you can read nice summaries by lawyers <a href="https://globalnews.ca/news/5114032/recording-phone-calls-canada-laws/" rel="nofollow noreferrer">here</a> and <a href="https://www.legalline.ca/legal-answers/is-it-legal-to-record-a-conversation-tape-a-call-or-bug-a-telephone/" rel="nofollow noreferrer">here</a>.</p>
