Surveillance Cameras and Tenant Privacy in New Brunswick

Surveillance cameras are becoming more common in rental housing across New Brunswick, raising important questions for tenants about privacy and legal limits. If you're renting and are concerned about cameras in or around your building, it’s crucial to understand your rights, what your landlord can (and cannot) do, and which laws apply. This article takes you through the essentials in plain language, covering privacy, notice requirements, and what steps you can take if you feel your rights have been violated.

Understanding Privacy Rights for Tenants

Privacy in your home is protected under New Brunswick law. As a tenant, you have the right to "peaceful enjoyment" of your rental unit, which includes reasonable personal privacy. The Residential Tenancies Act of New Brunswick establishes these rights and outlines obligations for both tenants and landlords.^[1]

• Landlords must not interfere unreasonably with your privacy or use cameras in a way that violates your peaceful enjoyment.
• Installing cameras inside your private unit is almost never allowed and can be considered an invasion of privacy.
• Landlords may install cameras in common areas (like lobbies or laundry rooms), but they must balance security needs with tenants’ privacy.

Where Can Landlords Install Surveillance Cameras?

Generally, landlords in New Brunswick may install cameras in common areas only, such as:

• Building entrances and hallways
• Parking garages or lots
• Common laundry or mail rooms

However, landlords cannot place cameras where there is a reasonable expectation of privacy. This includes:

• Inside your rental unit (living room, bedroom, bathroom, etc.)
• Directly facing windows into your apartment
• Washrooms or change rooms in common areas

Any surveillance must have a legitimate purpose, such as protecting building security or safety. Hidden cameras are not permitted under most circumstances.

Notice and Consent

Landlords should notify tenants in writing before installing cameras in common areas and post clear signage where cameras are operating. If you feel uncomfortable or were not informed, raise the issue with your landlord first. Formal complaints can be made to the Office of Rentalsman if needed (Official Site).

What Steps Can Tenants Take If They Feel Their Privacy Is Violated?

If you believe your landlord has installed surveillance cameras in an inappropriate area or without proper notice, you have several options:

• Document the location and type of camera (photos, notes, dates).
• Communicate your concerns with your landlord in writing, requesting removal or clarification.
• If the issue isn’t resolved, you can file a complaint with the Office of Rentalsman.

Relevant Forms and Filing a Privacy Complaint

• Security of Tenure/Privacy Breach Complaint (Form 14): Used if you believe your right to quiet enjoyment or privacy has been breached due to surveillance. Download Form 14 from the Government of New Brunswick.
  • Example: If a camera is found in a hallway outside your apartment without notice, you can complete and submit Form 14 to the Office of Rentalsman.

Submit completed forms in person, by mail, or electronically as indicated on the form's instructions. The Office of Rentalsman will review and may conduct an investigation.

The Tribunal: The Office of Rentalsman

The Office of Rentalsman handles residential tenancy disputes—including privacy and surveillance issues—in New Brunswick. They interpret and enforce the Residential Tenancies Act.^[2]

Balancing Tenant and Landlord Rights

Landlords also have the right to protect property and ensure safety but must comply with privacy expectations. Both parties share responsibilities to respect each other's rights. For more guidance on this shared balance, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Common Issues Tenants Face With Surveillance

• Cameras facing into rental units or private balconies
• Lack of notification or unclear signage
• Recording in washrooms or private areas

If you experience any of the above, you are not alone. Resources and remedies exist to help protect your privacy.

For tenants new to this process, Common Issues Tenants Face and How to Resolve Them provides additional practical advice on addressing landlord-tenant conflicts.

For more about your rights as a tenant—including privacy, safety, and how laws apply in your province—see Tenant Rights and Landlord Rights in New Brunswick.

Looking for a rental where your privacy is a priority? Find rental homes across Canada on Houseme with tools to compare buildings and neighborhoods.

1. Can my landlord put cameras inside my rental unit?
   No, landlords are not permitted to install cameras inside your private rental unit under New Brunswick law.
2. What should I do if a camera points directly into my apartment?
   Document the camera, request an explanation or removal in writing, and if unresolved, file a complaint with the Office of Rentalsman using Form 14.
3. Are cameras in shared building areas legal?
   Yes, if they are in common areas for security reasons and tenants are notified, but they cannot record in private areas such as washrooms.
4. What if my privacy concerns are ignored by the landlord?
   Take action by filing a complaint with the Office of Rentalsman, providing evidence and details.
5. Where can I get more information about tenant rights regarding privacy?
   Visit official New Brunswick government resources or consult the Tenant Rights and Landlord Rights in New Brunswick page for a thorough overview.

Key Takeaways for Tenants

• Landlords cannot use cameras inside private rental spaces or in a way that violates your privacy.
• Cameras are only allowed in common areas and with proper notice.
• Tenants can file complaints and seek support through official government agencies if their privacy is breached.

Need Help? Resources for Tenants

• Office of Rentalsman (Service New Brunswick): Official New Brunswick Tenancy Resources
• Renting Laws and Forms: Rental Forms and Applications
• Tenant Support: Contact local legal aid offices or tenant advocacy organizations if you require assistance in filing complaints or understanding your privacy rights.

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1. Residential Tenancies Act of New Brunswick
2. Office of Rentalsman

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