What the Law Says

Canadian privacy law distinguishes between public observation and invasive surveillance — and treats audio recording more strictly than video.

There is no single federal law banning residential security cameras pointed across property lines. The federal Personal Information Protection and Electronic Documents Act (PIPEDEDA) generally does not apply to 'personal or domestic purposes' — meaning a neighbour’s home camera used solely for their own safety usually falls outside its scope (PIPEDEDA s. 4(1)(b)). However, provincial privacy laws — like British Columbia’s Personal Information Protection Act (PIPA) and Alberta’s PIPA — may apply if the camera use is deemed 'systematic', 'commercial', or involves collection of personal information beyond incidental capture (e.g., continuous recording of your comings/goings with timestamps and identification).

More critically, the Criminal Code prohibits surreptitious audio recording of private conversations without consent (s. 184(1)), so any camera capturing audio on your property — even from across the fence — risks criminal liability. Additionally, the Supreme Court of Canada recognized the tort of 'intrusion upon seclusion' in Jones v Tsige (2012 SCC 47), allowing civil lawsuits where someone intentionally intrudes, in a highly offensive way, upon another’s private affairs or concerns — including persistent video monitoring of private outdoor spaces like a backyard hot tub or bedroom window.

How to Take Action

If you believe a neighbour’s camera violates your privacy, start with dialogue — but know your formal options if informal resolution fails.

First, document the issue: take dated photos/videos showing the camera’s angle, field of view, and what parts of your property it captures (e.g., patio, bedroom window, children’s play area). Note whether it records audio or has motion-activated alerts tied to your movements. Then, speak calmly with your neighbour — many disputes stem from misunderstanding, and a simple repositioning or digital masking (privacy zones) may resolve it.

If that fails, send a written request (email or letter) citing your reasonable expectation of privacy under common law and referencing Jones v Tsige. In provinces with applicable private-sector privacy laws (e.g., BC, Alberta, Quebec), you may file a complaint with the provincial privacy commissioner — BC’s Office of the Information and Privacy Commissioner (OIPC) accepts complaints about non-commercial PIPA breaches where collection is 'unreasonable' (PIPA s. 26). As a last resort, you may sue for intrusion upon seclusion in provincial court — damages are typically modest (up to $20,000 in Jones), but injunctions to disable or redirect the camera are possible. Note: Civil claims in most provinces must be filed within 2 years of discovering the intrusion (e.g., Limitation Act, S.B.C. 2012, c. 13, s. 6).

Practical Tips for Homeowners

Protect your privacy proactively — both legally and physically — while respecting your neighbour’s legitimate security needs.

Install privacy-enhancing measures: exterior blinds, frosted film on windows facing the camera, tall hedges (check municipal bylaws for height limits), or non-reflective fencing. Avoid confrontational actions like covering the lens or jamming signals — these may breach provincial Trespass Acts or invite counterclaims.

When installing your own camera, follow best practices: angle it to cover only your property (e.g., front door, garage), disable audio recording, use motion zones to avoid capturing neighbours’ yards, and post visible signage indicating video surveillance (not legally required but supports reasonableness in court). In multi-unit buildings or condos, review your declaration and bylaws — many prohibit external cameras without board approval.

Common Scenarios & Outcomes

Courts and privacy commissioners assess each case based on context — location, duration, sensitivity, and intent.

✅ Generally lawful: A camera angled to capture only your shared driveway, public sidewalk, or front stoop — especially if it’s motion-activated and stores footage briefly. Courts have upheld such uses as reasonable in cases like R. v. Duarte (1990 SCC) and more recently in lower-court privacy rulings (e.g., 2023 BCSC 1022).

⚠️ Legally risky: A camera mounted high on a pole, zooming into your second-floor bedroom window nightly; one that records audio of your backyard conversations; or a system that logs and stores your license plate and entry times daily. These may meet the 'highly offensive' threshold for intrusion upon seclusion — especially if you’ve previously objected and the neighbour refuses to adjust.

❌ Unlawful: Using footage to harass, threaten, or distribute images of you or your family online. This may trigger additional offences under the Criminal Code (e.g., s. 264.1 criminal harassment, s. 162.1 non-consensual distribution of intimate images) or provincial cyberbullying statutes (e.g., Nova Scotia’s Intimate Images and Cyber-protection Act).

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