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Security Camera & Doorbell Camera Laws in Canada

By Recording Law Editorial Team9 min read
Security Camera & Doorbell Camera Laws in Canada

Frequently Asked Questions

Is it illegal to have a security camera pointed at my neighbour's house in Canada?

Not automatically, but continuously capturing a neighbour's windows, yard, or private living space can support a civil claim for intrusion upon seclusion under Jones v Tsige, 2012 ONCA 32, and in Quebec a claim under Civil Code articles 35 and 36. The safest approach is to angle cameras toward your own property.

Do doorbell cameras record audio in Canada, and is that legal?

Many doorbell cameras record audio by default. Video alone is not governed by the Criminal Code's wiretap provisions, but audio capture of a private conversation between people the camera owner is not part of can engage Criminal Code s 184(1), which prohibits wilfully intercepting a private communication.

Does PIPEDA apply to my home security camera?

Generally no. PIPEDA applies to personal information collected in the course of commercial activity, and the Office of the Privacy Commissioner has long recognized a personal or domestic use exemption for homeowners using cameras for their own household security.

Does PIPEDA apply if I run a business or rent out property with cameras installed?

Yes. Once cameras are operated by a business, landlord, or condominium corporation rather than for purely personal household use, PIPEDA or the applicable substantially similar provincial law generally applies, including expectations around notice signage, limited retention, and restricted access to footage.

Can a security camera catch someone committing voyeurism under Canadian law?

A camera itself is not the offence, but Criminal Code s 162 makes it a crime to observe or record a person in circumstances giving rise to a reasonable expectation of privacy, such as through a bathroom or bedroom window, particularly for a sexual purpose or surreptitiously. Camera placement near shared property lines should always avoid these areas.

Is Canada a one-party consent country for recordings?

Yes. Criminal Code s 184(2)(a) permits recording a conversation you are personally a party to without the other person's knowledge, as confirmed in R v Duarte, [1990] 1 SCR 30. No Canadian province requires all-party consent for recorded conversations, though provincial privacy torts and PIPEDA can still restrict how a recording is used or published.

Updates

Bill C-27, which would have created the Consumer Privacy Protection Act and the Artificial Intelligence and Data Act, died on the Order Paper when Parliament was prorogued and was never revived. PIPEDA remains the operative federal private-sector privacy law in Canada, and this page reflects that current state of the law.

Sources and References

  1. Criminal Code, RSC 1985, c C-46, s 184 (interception of private communications)(laws-lois.justice.gc.ca).gov
  2. Criminal Code, RSC 1985, c C-46, s 162 (voyeurism)(laws-lois.justice.gc.ca).gov
  3. Personal Information Protection and Electronic Documents Act, SC 2000, c 5(laws-lois.justice.gc.ca).gov
  4. Office of the Privacy Commissioner of Canada: Guidance on covert video surveillance(priv.gc.ca).gov
  5. Jones v Tsige, 2012 ONCA 32 (CanLII)(canlii.org)
  6. R v Duarte, [1990] 1 SCR 30 (CanLII)(canlii.org)
  7. Civil Code of Quebec, CQLR c CCQ-1991, arts 35-36(legisquebec.gouv.qc.ca).gov
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