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Landlord Entry and Tenant Privacy Rules in Canada

By Recording Law Editorial Team8 min read
Landlord Entry and Tenant Privacy Rules in Canada

Frequently Asked Questions

Can my landlord enter my apartment without notice in Canada?

Generally no. Every province requires advance notice, usually at least 24 hours in writing, before entry for a routine purpose such as repairs or an inspection. The main exceptions are a genuine emergency, such as fire or flooding, or the tenant's own consent given at the time.

How much notice does a landlord have to give before entering in Ontario?

Under the Residential Tenancies Act, 2006, an Ontario landlord must give at least 24 hours' written notice stating the reason, date, and time, and entry has to occur between 8 a.m. and 8 p.m. The Landlord and Tenant Board treats even a small shortfall as an illegal entry.

Can my landlord install a security camera inside my rental unit?

Generally no. The Office of the Privacy Commissioner of Canada has advised that cameras should not capture the inside of a tenant's apartment, and doing so without proper purpose and consent can breach federal or provincial privacy law. In Ontario, this has also been treated as interference with reasonable enjoyment of the unit.

What can I do if my landlord keeps entering without proper notice?

Document each incident, then apply to your province's tenancy tribunal, such as Ontario's Landlord and Tenant Board using Form T2, British Columbia's Residential Tenancy Branch, or Quebec's Tribunal administratif du logement. These bodies can order the landlord to stop, and award compensation or a rent reduction.

Can I legally record a conversation with my landlord?

Generally yes. Section 184(2)(a) of the Criminal Code lets a party to a private communication consent to its interception, so a tenant present for a conversation with their landlord can usually record it without the landlord's knowledge. This does not extend to recording other people's private conversations the tenant is not part of.

Sources and References

  1. Criminal Code, RSC 1985, c C-46, s 184(2)(a) (one-party consent exception to interception of private communications)(laws-lois.justice.gc.ca).gov
  2. Residential Tenancies Act, 2006, SO 2006, c 17, ss 22, 26-27 (Ontario: reasonable enjoyment and landlord's right of entry)(canlii.org)
  3. Landlord and Tenant Board, Interpretation Guideline 19: The Landlord's Right of Entry into a Rental Unit(tribunalsontario.ca).gov
  4. Landlord and Tenant Board, Form T2: Application About Tenant Rights(tribunalsontario.ca).gov
  5. Residential Tenancy Act, SBC 2002, c 78, ss 28-29 (British Columbia: quiet enjoyment and landlord's right of entry)(bclaws.gov.bc.ca).gov
  6. Government of British Columbia: Landlord access to rental units(www2.gov.bc.ca).gov
  7. Civil Code of Quebec, CQLR c CCQ-1991, arts 1854, 1857, 1931 (peaceable enjoyment and the lessor's right of visit)(canlii.org)
  8. Tribunal administratif du logement: Access to the dwelling and visiting rights(tal.gouv.qc.ca).gov
  9. Office of the Privacy Commissioner of Canada: Privacy in the landlord and tenant relationship (PIPEDA)(priv.gc.ca).gov
  10. Residential Tenancies Act, RSA 2000, c R-17.1: Landlord's right of entry, statutory references (Alberta)(servicealberta.gov.ab.ca).gov
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