GPS Tracking Laws in Canada: Is GPS Tracking Legal?

Ever wondered if tracking your car, employee, or even a family vehicle could land you in legal trouble? You’re not alone. Every week, I get messages from people across the country asking the same thing, “What are the GPS tracking laws in Canada?” 

The rules sound simple on paper, but one wrong move can flip your good intention into a privacy violation or worse, a criminal offence.

Here’s the reality; GPS tracking is legal in Canada, but only when you follow certain privacy and consent rules. And the problem is most people don’t actually know where that legal line sits. Can you track a vehicle you own? What about an employee driving a company car? Or using an OBD GPS tracker plugged into a leased vehicle?

In this guide, I’ll break down exactly how Canadian law sees GPS and OBD tracking, what’s allowed, what’s not, and how you can protect yourself from fines or legal headaches. 

By the end, you’ll know when GPS tracking is legal in Canada and how to use it safely, whether you’re a business owner, a fleet manager, or just someone who wants to keep their car secure.

Is GPS Tracking Legal in Canada?

Yes, GPS tracking is legal in Canada when you have consent or are the legal owner of the vehicle. However, secretly tracking someone without their knowledge can violate both federal and provincial privacy laws, including the Criminal Code of Canada (for harassment or mischief) and PIPEDA (for misuse of personal information).

I’ve seen too many people install trackers with good intentions and end up breaking laws they didn’t even know existed. So before you plug in that OBD device or stick a magnetic tracker under a bumper, let’s make sure you understand what’s allowed and what’s not.

Under Canadian law, location data counts as personal information. That means you can collect and use it only when there’s a reasonable purpose and informed consent like protecting your vehicle, monitoring fleet performance, or ensuring driver safety.

Now that you know GPS tracking can be legal when used correctly, the next step is understanding how these devices actually work and why Canadian law treats them like data-collection tools.

Understanding GPS Tracking & OBD Devices

GPS tracking is pretty simple, GPS technology uses satellites to show where a vehicle, asset, or person is in real time. The tracker itself can come in a few forms, but they all serve the same basic purpose: to collect and send location data so you can keep tabs on what matters to you.

Most GPS trackers fit into three simple categories: portable, hardwired, and OBD.

• Portable trackers run on batteries and can attach discreetly to a vehicle.
• Hardwired trackers connect directly to the car’s electrical system for long-term use.
• OBD GPS trackers plug into the car’s OBD-II port, the same one mechanics use for diagnostics.

Because OBD trackers draw steady power from the vehicle, they can continuously transmit location, speed, trip history, and engine health without ever needing a recharge. 

I’ve worked with parents, small business owners, and fleet managers and trust me, OBD trackers are the clear favorite. OBD trackers are the easiest to install and give the rich data, but that extra data also means extra responsibility.

Since OBD trackers can access diagnostic and behavioral information, Canadian privacy law treats this as personal information.

So, knowing how GPS trackers work is step one. And the next step is understanding how Canadian privacy laws interpret the data they collect. Up next, we’ll unpack why GPS information is classified as personal data and explore the federal and provincial frameworks that keep tracking legitimate and compliant.

Choosing the right GPS tracker matters just as much as following the law.

If you’re unsure whether a portable, wired, or OBD2 GPS tracker suits you best, check out our quick guide; Portable vs OBD vs Wired GPS Tracker: Which Should You Choose?

Canadian GPS Tracking Laws: Federal & Provincial Overview

The truth is Canada doesn’t have one single “GPS law.” Instead, several privacy and criminal codes overlap to decide when tracking is legal and when it isn’t. To stay on the right side of the law, you need to understand how these rules fit together. 

I started with the federal level and then narrowed down to each province.

1. PIPEDA: Canada’s Federal Privacy Law

At the national level, the Personal Information Protection and Electronic Documents Act (PIPEDA) covers most private-sector organizations. It’s what defines how companies can collect, use, and share data and yes, GPS location counts as personal information.

Under PIPEDA:

• You need consent before collecting someone’s location data.
• The data must be used for a reasonable purpose a person would expect like theft prevention, safety, or fleet management.
• Organizations must be transparent about what they collect, how long they store it, and who can access it.

If you’re tracking, make sure the person being tracked understands why and agrees to it.

2. The Criminal Code of Canada

The Criminal Code kicks in when tracking crosses into harassment or misuse. Sections 264 (Criminal Harassment) and 430 (Mischief) make it a crime to secretly follow or monitor someone using a GPS device.

In short, secretly planting a GPS tracker on someone else’s vehicle counts as unlawful surveillance, and can get you charged under the Criminal Code.

Provincial Breakdown (2025 Update)

Even though Canada follows national privacy laws like PIPEDA, each province adds its own twist to how GPS tracking and employee monitoring are handled. Here’s a quick look at the most important updates for 2025:

1. Ontario

Ontario has one of the clearest GPS tracking policies under the Employment Standards Act (Section 41.1). If your business has 25 or more employees, you’re legally required to maintain a written Electronic Monitoring Policy.

That policy must explain:

• Who is being tracked: Which employees or vehicles fall under GPS monitoring.
• When tracking occurs: Whether it’s limited to work hours or specific business operations.
• Why the data is collected: The main purposes are such as safety, route planning, or theft prevention.

2. Quebec

Quebec’s Law 25 (Private Sector Privacy Reform) is one of the toughest in the country. Quebec requires every organization to appoint a privacy officer and obtain documented consent before collecting any location data.

Companies also need to assess risks when handling sensitive information like GPS logs. This law is designed to keep track of ethical, accountable, and fully consent-based.

3. British Columbia

Under B.C.’s Personal Information Protection Act (PIPA), tracking must pass the “reasonable person test.” That means any monitoring must be something a reasonable person would find appropriate under the circumstances. 

You can only collect what’s necessary, and must explain why you’re doing it, and should delete the data once it’s no longer needed.

4. Alberta

Alberta Privacy rule follows similar principles to B.C. under its own version of PIPA. The law emphasizes consent and purpose limitation, and in other words, businesses can collect tracking data only for a clear and valid reason, and only after employees or drivers are informed. This approach helps balance operational efficiency with privacy protection.

All of these rules share one goal to keep GPS tracking transparent, consent-driven, and fair. Whether you operate in Ontario or out west, the same golden rule applies: get consent, state your purpose, and respect privacy limits.

Curious about how the rules differ south of the border? Check out our full guide on GPS Tracking Laws in the USA, it covers federal and state-by-state tracking regulations, consent requirements, and what’s legal for business or personal use.

Personal Use: When GPS Tracking Is Legal

If you’re the registered owner of assets, you can legally install a personal GPS tracker on it. That includes using an OBD GPS device for perfectly valid reasons such as:

• Theft prevention: Keep tabs on your car’s real-time location and recover it fast if it’s ever stolen.
• Fleet management: Track company vehicles to cut fuel waste, reduce downtime, and boost driver accountability.
• Family safety: Monitor a teen or senior driver’s trips with their full knowledge and consent.

Where things get complicated and tricky is ownership and consent.

• When a vehicle is jointly owned; maybe with a spouse, partner, or business associate. You'll need their clear permission before installing any tracker.
• Using a device to follow someone without consent can break privacy and harassment laws, even if you partly own the vehicle.

When Good Intentions Turn Illegal

Here’s a scenario I’ve seen more than once: You plug an OBD tracker into your partner’s car “just to see where they go.”

Sounds harmless, right? But under Canadian law, that’s actually an invasion of privacy and in serious cases, it can qualify as criminal harassment under Section 264 of the Criminal Code of Canada.

Legal: Tracking a vehicle you own or monitoring family members with their full consent.
Illegal: Secretly installing a tracker for spying, control, or personal disputes.

In short, ownership and consent are your safety net. If both are clear and transparent, you’re fine. But if even one of those is missing, you’re no longer tracking, you’re trespassing into someone’s private life.

Business & Fleet Tracking: Employer Obligations

If you manage a fleet, delivery service, or company vehicles, using GPS tracking is smart business. You get accountability, faster routes, and less fuel waste. But the law has one big rule; be transparent with your team.

In Canada, GPS tracking for business use falls under PIPEDA and provincial employment laws. That means every employer has a legal duty to be open about what’s being tracked, why, and when.

Here’s what every employer must do:

• Disclose tracking activity to all employees.
• Explain what data you collect, things like vehicle location, driving speed, and engine hours.
• Clarify why you collect it, for safety, routing efficiency, or productivity, not surveillance.
• Avoid 24/7 tracking and never monitor employees outside of working hours.
• Protect all data using proper security and limited access under PIPEDA guidelines.

Ontario ESA Reminder: If your business has 25 or more employees, you’re legally required to maintain a written Electronic Monitoring Policy. It must clearly state who is tracked, why, and when, no fine print allowed.

Employer Compliance Checklist

Pro tip: Transparency builds trust. When employees understand what’s being tracked and why, you’ll get fewer complaints, better data, and stronger legal protection if an issue ever comes up.

Real-World Scenarios: Legal vs. Illegal Tracking

Let’s make this simple. Below are real situations I’ve seen and how Canadian law views them.

• You track your own car to prevent theft. Completely legal, you own the vehicle, so you’re free to protect it.
• You track company trucks during work hours. Also legal. That’s a legitimate business use, especially when employees are informed and tracking happens only on the clock.
• You hide a tracker in your spouse’s car. Absolutely illegal, no consent means no justification. That’s a clear privacy and harassment violation.
• You track a co-owned car with mutual agreement. Legal. Both owners have consented, so the law recognizes it as fair use.
• You track employees after work hours. Risky, monitoring beyond work shifts invades personal privacy, one of the fastest ways to end up in a legal dispute.

Penalties & Risks of Illegal Tracking

When GPS tracking crosses the legal line, the consequences can be serious and expensive. Under Canadian privacy law, using a tracker without consent isn’t just “a mistake,” it’s a violation that can hit you on multiple fronts.

 

Violating privacy laws can lead to:

• Criminal harassment charges under the Criminal Code of Canada (Section 264).
• Fines or enforcement orders from the Privacy Commissioner of Canada.
• Civil lawsuits for invasion of privacy or emotional distress.
• Reputation damage and loss of customer or employee trust and the kind that’s hard to rebuild once it’s gone.

Here’s a real example:

“In PIPEDA Case #2006-351, a major telecom company used GPS tracking in its service trucks to improve dispatching. But employees soon discovered management was also using that same data to monitor their performance and behavior. The Privacy Commissioner ruled that while GPS tracking for safety and logistics was fine, using it for surveillance or discipline violated privacy laws. The company was ordered to stop using the data that way and implement a written tracking policy that clearly explained purpose and limits.”

Transparency isn’t optional. Whether you’re tracking for business or personal use, failing to follow Canada’s privacy laws can cost you far more than the tracker itself.

How to Stay Compliant (Quick Checklist)

Staying compliant with Canada’s GPS tracking laws isn’t complicated and it just takes a bit of structure and honesty. Follow these simple steps and you’ll stay well within the lines:

• Get consent: Always inform anyone you plan to track before installing or activating a GPS device.
• State your purpose: Be upfront about why you’re collecting data (safety, fleet efficiency, theft recovery).
• Track only during relevant hours: For business use, limit tracking to working hours and disable it after shifts.
• Secure your data: Store information safely, restrict access, and never share it without consent.
• Delete what you don’t need: Once the data serves its purpose, remove it from your systems.
• Review laws annually: Canadian privacy regulations evolve. Keep your tracking policy updated.

According to the Office of the Privacy Commissioner of Canada (2024 report), nearly one-third of all privacy complaints involved unnecessary or excessive employee tracking.
So, transparency is your best defense.

How Konnect OBD2 GPS Keeps You Legal & Compliant

Here’s the good news, technology can actually help you follow Canada’s GPS tracking laws instead of worrying about breaking them. And you will love it after knowing the Konnect OBD2 GPS Tracker was built for; safe, transparent, and fully compliant tracking designed for Canadian drivers and fleets.

Here’s how Konnect GPS tracker keeps you on the right side of the law:

• Consent-based tracking: Drivers or fleet members can acknowledge use before tracking begins, ensuring transparency and compliance.
• Work-hours mode: Set tracking to run only during scheduled business hours, preventing unnecessary off-duty monitoring.
• Encrypted data storage: All GPS logs are stored on secure servers in North America to meet strict privacy standards.
• Transparent dashboard: Show drivers exactly what data is being collected and when, building trust across your team.
• Compliance reports: Built-in data retention tools simplify audits and prove your adherence to Canadian privacy regulations.

Together, these features make Konnect GPS a go-to choice for fleets and families across Canada with full visibility, and total compliance without the privacy headaches.

Looking for a reliable OBD2 GPS tracker that’s fully compliant with Canadian laws? Check out our latest roundup Best OBD2 GPS Trackers (2025): 

Where we compare top-rated devices for accuracy, data security, and legal use in Canada.

Final Thoughts: Staying Smart and Legal with GPS Tracking in Canada

GPS tracking can be an incredible tool for safety and accountability but only when you use it the right way. Canada’s privacy laws aren’t here to stop you from protecting your property or managing your business; they’re meant to keep tracking ethical, transparent, and fair.

So whether you’re installing an OBD2 GPS tracker to monitor your fleet, recover a stolen vehicle, or check in on a family car, always follow one golden rule: get consent and stay transparent.

When you do that, GPS tracking becomes more than just legal, it becomes a smart layer of protection for you, your drivers, and your business.

Ready to track safely and stay compliant? 

Check out the Konnect OBD2 GPS Tracker for Canada.

Author Disclosure

Written by Ryan Horban, GPS Tracking Expert (15+ Years of Experience)

Over the past 15 years, I’ve helped everyone from parents and pet owners to fleet managers and small business teams choose GPS solutions that actually work.

Whether it’s tracking a car, a child, or an entire fleet, my focus is on simple, legal, and effective setups that protect what matters, without the tech headaches.

I’ve worked hands-on with real users, tested dozens of devices, and know what truly works in the real world.

👉 Connect with me on LinkedIn →

FAQs: GPS Tracking Laws in Canada (2025)

Is GPS tracking legal in Canada?

Yes, GPS tracking is legal across Canada as long as you either own the vehicle or have clear, informed consent from the person being tracked. What matters most is intent and transparency. Tracking your own property or a company car is fine; secretly following someone else’s movements is not.

Can employers track vehicles in Canada?

Yes, employers can use GPS tracking for legitimate business purposes like managing fleets or improving route efficiency, but privacy rules still apply.

In Ontario, for example, any company with 25 or more employees must have a written Electronic Monitoring Policy under the Employment Standards Act. That policy should clearly state who is tracked, when, and why.

Are OBD GPS trackers legal in Canada?

They are provided they’re used responsibly. Under Canada’s privacy framework (PIPEDA), OBD2 GPS trackers are perfectly legal when:

• You’re the legal owner of the vehicle or have consent from the driver.
• The data collected is used for a reasonable purpose (safety, maintenance, fleet efficiency).
• Location and diagnostic data are kept secure and not shared without permission.

When these boxes are checked, OBD tracking isn’t just legal, it’s one of the safest and most compliant ways to monitor vehicles in Canada.

Can I use a GPS tracker to find a stolen car?

Absolutely. Using a GPS device to locate a stolen vehicle is considered a lawful and reasonable purpose under both federal and provincial law. Law enforcement across Canada often encourages vehicle owners and fleets to use trackers for theft recovery, it saves time, reduces losses, and improves recovery rates.

What are the penalties for illegal tracking?

Cross the legal line, and the consequences can pile up fast. You could face:

• Criminal harassment charges under Section 264 of the Criminal Code.
• Investigations or fines from the Privacy Commissioner of Canada.
• Civil lawsuits for invasion of privacy or emotional distress.

In short, illegal tracking isn’t a small mistake, it’s a direct privacy breach that can lead to criminal charges and serious reputation damage.