Neighbour's Security Camera Pointed at My Yard in Ontario

A camera on a neighbour's wall is not unusual. It becomes a problem when it seems aimed at your backyard, your windows or your front door, or when a bright light comes with it. It is natural to wonder whether the law lets you make them take it down.

In Ontario there is no single "neighbour camera law". Instead, several different routes may apply, and each one has limits. This article walks through them in plain terms so you can see which might fit your situation and what to do first.

Why privacy legislation usually does not help

Many people assume the federal privacy statute, PIPEDA, will cover a neighbour's camera. Part 1 of PIPEDA does not apply to an individual who collects, uses or discloses personal information solely for personal or domestic purposes. That generally takes a neighbour's home camera outside PIPEDA.

So a complaint to a privacy regulator is often not the right first step for a purely household camera. The remedies tend to come from court claims, from municipal by-laws, or, in narrow cases, from the criminal law.

Intrusion upon seclusion

Ontario recognizes a civil claim called intrusion upon seclusion. It applies to an intentional or reckless intrusion, without lawful justification, into another person's private affairs that a reasonable person would regard as highly offensive, causing distress, humiliation or anguish. You do not have to prove economic harm.

The bar is high. The claim arises only for deliberate and significant invasions of personal privacy. Where there is no economic loss, damages are modest and fall in a range of up to $20,000.

A camera that merely captures part of a shared lane or a view of your driveway may not meet that standard. A camera deliberately aimed to watch inside your home or a private part of your yard is more likely to be argued as an intrusion. Whether a claim fits depends on the facts.

Private nuisance and municipal by-laws

Private nuisance is another route. It is an act that indirectly causes physical injury to land, or substantially interferes with its use or enjoyment, where the injury or interference is unreasonable in light of all the surrounding circumstances. The focus is on the effect on your property rights, not on whether your neighbour was careless.

Cameras often come with floodlights or motion lights. A local municipality may prohibit and regulate noise, vibration, odour, dust and outdoor illumination by by-law, and may require permits for these matters. A municipality may also prohibit and regulate public nuisances.

• Check your municipality's outdoor lighting, noise and nuisance by-laws, which differ from place to place.
• Toronto acts under the City of Toronto Act, 2006 rather than the Municipal Act, 2001, so its by-laws come from a different statute.
• Ask the municipality how it takes complaints and whether it enforces lighting rules.

When the Criminal Code applies

Voyeurism is a Criminal Code offence, but it is narrow. It means surreptitiously observing, including by electronic means, or visually recording a person in circumstances giving a reasonable expectation of privacy, where the person is in a place where they may be nude or engaged in sexual activity, is in that state, or the recording is for a sexual purpose. The maximum sentence on indictment is 10 years.

An ordinary camera that films a yard will usually not fall within that definition. If you believe a camera is recording you in a bathroom, bedroom or similar setting, that is a serious situation, and it is reasonable to contact the police and a lawyer.

Practical next steps

• Write down what the camera covers, when you noticed it and how it affects you.
• Take dated photos from your own property showing the angle of the camera and any lights.
• Keep copies of any messages with your neighbour.
• Consider a calm, written request to adjust the angle or add a privacy mask.
• Contact your municipality about lighting, noise or nuisance by-laws.
• Speak with a lawyer before starting a claim.

For money claims, the Small Claims Court hears claims up to $50,000, exclusive of interest and costs. If you want the camera moved or stopped, a judge of the Superior Court of Justice may grant an interlocutory injunction or mandatory order where it appears just or convenient to do so. A court that can grant an injunction may also award damages in addition to, or instead of, the injunction.

Timing matters. The basic limitation period is two years from the day the claim was discovered. A claim is discovered on the earlier of the day you actually knew the relevant matters and the day a reasonable person in your position ought to have known them. A lawyer can confirm how that applies to you.

Frequently asked questions