What the law says about CCTV and tenant privacy in New Brunswick
The Residential Tenancies Act and related rules require landlords to respect tenant privacy while ensuring safety and property protection. If a landlord shares CCTV footage that includes a tenant or the inside of a rented unit, the sharing may engage privacy and tenancy rules, depending on why it was recorded and who it was shared with. If you believe your footage was shared improperly, you can apply to the Residential Tenancies Tribunal to review the action and request remedies [1][2].
When a landlord can legally share CCTV footage
- Footage shared for safety or emergency response, such as to police after a break-in, is commonly lawful.
- Sharing with law enforcement as part of an investigation when formally requested or when there is a clear safety concern.
- Using footage as evidence in a tenancy dispute, for example to show repeated damage to common areas.
- Limited sharing for legitimate property management tasks, such as documenting maintenance issues in common areas where there is no reasonable expectation of privacy.
When sharing may be improper or illegal
Sharing interior footage of a tenants private unit, or distributing video to unrelated third parties for non-safety reasons, can breach privacy protections and tenancy obligations. Landlords must avoid unreasonable intrusion into a tenants private living space, and indiscriminate sharing of recordings can be challenged. Keep careful records of any notices, communications, and copies of footage you receive or are told about.
Practical steps tenants can take
- Request an explanation in writing and ask for a copy of the footage or written summary of what was shared.
- Document dates, times, who provided the footage, and any witnesses or recipients of the footage.
- If your landlord refuses to explain or stops responding, prepare to file an application with the tribunal and gather supporting evidence.
- Review your lease for CCTV or privacy clauses and note any provisions about cameras in common areas or units.
Official forms and when to use them
The main step for resolving a dispute is applying to the Residential Tenancies Tribunal. Typical official resources include an application form to start a tribunal claim and guidance on what evidence to submit. Use the tribunal application when you want an order about privacy, compensation, or an instruction to stop sharing footage. Include a clear timeline, copies of communications, and any copies of the footage you received [3].
If you are uncertain how to complete a form, consider contacting local tenant services for help preparing a clear, factual application; include dates, names, and any contractual clauses that relate to CCTV.
How to protect your privacy going forward
- Ask for written camera policies that explain where cameras are placed, who monitors them, retention periods, and sharing rules.
- Keep records of conversations and written notices about CCTV and privacy.
- If cameras are placed inside your unit without consent, request immediate removal or cover and seek tribunal advice.
Finding alternative housing if needed
If privacy concerns make your unit untenable, you may look for other rentals while you resolve the dispute. Find rental homes across Canada on Houseme for listings and map tools to help locate alternatives quickly.
For broader information on tenant and landlord duties in New Brunswick, see Tenant Rights and Landlord Rights in New Brunswick and for detailed obligations in a tenancy contract consult Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
FAQ
- Can my landlord share CCTV footage of common areas without my consent?
- Yes, landlords can often share footage of common areas for safety or investigatory reasons, but sharing beyond legitimate purposes may be challenged.
- Can a landlord share video that shows activity inside my unit?
- No, sharing interior footage of a rented unit without consent is generally improper and may violate your privacy and tenancy rights.
- What should I include in a tribunal application about CCTV?
- Include a clear timeline, copies of communications, any footage you received, why the sharing was harmful, and the remedy you seek.
How-To
- Collect evidence: save messages, copies of footage, dates and witness names.
- Request information from the landlord in writing explaining why the footage was shared.
- Complete and file the tribunal application form with the tribunal, attaching your evidence.
- Attend the tribunal hearing or mediation and present your documented timeline and copies of footage.
- Follow the tribunals decision and, if granted, seek orders for deletion, limits on sharing, or compensation as ordered.
Help and Support / Resources
- Residential Tenancies Tribunal
- Residential Tenancies Act (New Brunswick)
- Residential tenancies forms and applications
