When using Chartnote’s AI Scribe feature to record and transcribe clinical visits in Canada, it is essential to understand the legal framework around recording conversations and handling personal health information.
This article outlines key federal and provincial laws that govern audio recordings in clinical settings, along with best practices to remain compliant when using Chartnote in Canada.
Under the Criminal Code of Canada (Section 184), Canada is a one-party consent country. This means:
A conversation can be legally recorded if at least one person involved consents.
A clinician can record their own interaction with a patient without needing the patient's consent under criminal law.
However, this does not override healthcare privacy obligations.
While federal law allows one-party recording, healthcare providers must follow privacy laws that govern the collection, use, and disclosure of personal health information (PHI).
These privacy laws vary by province:
| Province | Applicable Law | Key Requirement |
|---|---|---|
| Ontario | PHIPA (Personal Health Information Protection Act) | Requires patient consent to collect PHI, including via recording. |
| Alberta | HIA (Health Information Act) | Requires express or implied consent for collection of health information. |
| British Columbia | PIPA (Personal Information Protection Act) | Consent required for collection and use of personal information. |
| Quebec | Private Sector Privacy Act | Clear consent required for collecting any identifiable information. |
Bottom line: Recording a clinical visit is considered collecting PHI, so verbal or written consent from the patient is typically required, even if you're part of the conversation.
To ensure compliance when using Chartnote’s AI Scribe feature:
✅ Inform the patient at the beginning of the visit that the conversation will be recorded for documentation.
✅ Obtain verbal consent, e.g.,
“To help me focus on your care and document accurately, I’ll be using a secure AI tool to transcribe our conversation. Is that okay with you?”
✅ Document the consent in the visit note if required by your clinic’s policy.
✅ Include written consent as part of your intake forms when possible.
You may add this consent clause to your paper or digital intake forms:
Consent to Record Visits for Documentation
I understand that my healthcare provider may record my visit using a secure tool to create accurate clinical documentation. The recording is used solely to generate my medical note and is protected under applicable privacy laws.
☐ I consent to the recording of my visit for documentation purposes.
Chartnote is committed to protecting patient privacy. All recordings and AI-generated notes are processed through our HIPAA and PIPEDA-compliant infrastructure. We follow Zero Data Retention practices when using AI models, meaning:
Audio recordings and notes can be manually deleted at any time, or configured to auto-delete after a specified time period.
Data is encrypted in transit
No identifiable information is used for training or shared with third parties
If you're unsure how the laws in your province apply, we recommend:
Checking with your clinic’s Privacy Officer or Legal Counsel
Contacting Chartnote Support for documentation templates and compliance FAQs