Is It Legal to Record Landlord Entry in Prince Edward Island?

Are you a tenant in Prince Edward Island wondering if it's legal to record your landlord during entry to your rental unit? With landlord visits—whether for repairs, inspections, or emergencies—it’s natural to want to protect your privacy and document any interactions that occur in your home. This article breaks down your legal rights, the province’s privacy rules, and what tenants need to know about using audio or video recordings during a landlord’s entry.

Landlord Entry: Your Rights and Privacy

In Prince Edward Island, landlords have the right to enter rental units under certain conditions—usually with proper written notice and only for specific reasons like repairs, showings to prospective tenants, or inspections. However, tenants are also protected under privacy laws, and both parties must act according to the Prince Edward Island Residential Tenancy Act^[1].

When Can a Landlord Enter?

• For repairs: With at least 24 hours’ written notice, and only between 8 am and 9 pm
• In emergency situations: No notice required, but entry must be for genuine emergencies
• To show the unit: With notice, and as permitted by the rental agreement

The Island Regulatory and Appeals Commission (IRAC) is the official tribunal handling rental disputes and landlord-tenant issues in PEI.

Recording a Landlord’s Entry: What Does the Law Say?

Tenants may want to record landlord entries to document the visit, but are you allowed to?

• Audio recording: Under Canada’s Criminal Code, one-party consent is generally required for audio recordings. This means as long as you (the tenant) are present and consent to the recording, it’s usually legal.
• Video recording: Placing visible cameras in your own living space while you are present typically does not violate the law. However, recording in areas where others (like landlords or guests) have a reasonable expectation of privacy—such as washrooms or bedrooms—should be avoided.
• Secret recording: Hidden cameras or audio devices used without informing visitors could violate privacy laws or tenancy agreements.

While it is often legal to record, always check your lease and be respectful. If your intent is to document inappropriate behaviour or disputes, recordings may be helpful, but sharing or publishing these without consent can raise other legal issues.

Best Practices and Steps for Tenants

To protect yourself and avoid privacy disputes, follow these steps:

• Notify your landlord or visitors if you plan to record during an entry.
• Only record in common areas of your unit where there’s no expectation of privacy.
• Use recordings solely to document disputes or for your own records—do not share publicly without guidance.
• If you believe your privacy rights have been violated, gather evidence responsibly and consider seeking help from the IRAC.

Relevant Forms for Tenants in PEI

If you have an issue regarding landlord entry or privacy, you may need these official forms:

• Form 6 – Application by Tenant: Use this to submit a dispute about landlord entry or privacy to the IRAC Rental Office. For example, if a landlord repeatedly enters without notice, you would submit this form to request a hearing. Download the official Form 6.
• Form 1 – Notice of Entry: Landlords must provide tenants with written notice using this form when entering for non-emergency reasons. Tenants should retain copies of all notices for their records. Access Form 1 from the IRAC website.

What If Issues Persist?

If your landlord is entering without notice or you feel your privacy is violated—even after addressing it directly—you can apply to IRAC for a remedy. Carefully document each occurrence, keep all communications, and attach evidence (including recordings, if legal and appropriate) when submitting your application.

Your Rights and Responsibilities

Both tenants and landlords have rights and responsibilities concerning privacy, repairs, and respectful entry. Knowing what each party must do helps prevent disputes and misunderstandings. For a complete overview, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

For a summary of tenant rights and key facts about renting in the province, see Tenant Rights and Landlord Rights in Prince Edward Island.

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Frequently Asked Questions

1. Can I use my smartphone to record my landlord’s visit if I am present? Yes, as long as you are participating in the conversation, one-party consent under Canadian law generally applies, and you may record interactions with your landlord inside your unit.
2. Is it legal to set up a hidden camera in my rental unit? Covert recording without informing others—especially in private spaces—may violate privacy laws and is not recommended. Always disclose recording devices during landlord entries.
3. What should I do if my landlord enters without proper notice? Keep records of all incidents and submit Form 6 – Application by Tenant to the Island Regulatory and Appeals Commission if the problem persists.
4. Can I post a recording of my landlord online? Sharing audio or video without consent can create legal issues. Limit recordings to personal use or dispute resolution, and always seek legal advice before publishing.

Conclusion: Key Takeaways

• Recording landlord entry in PEI is usually allowed if you are present and inform visitors, but respect privacy expectations.
• Always document landlord entries and keep copies of required notices and forms.
• For any disputes, use IRAC forms and resources for resolution and guidance.

By understanding your privacy rights and acting thoughtfully, you can protect yourself while maintaining a professional relationship with your landlord.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC) Residential Rental Office – Guidance on all landlord and tenant issues, official forms, dispute resolution
• PEI Government Renting and Tenants Resources – Updated legislation, tenant help lines, and provincial support
• PEI Tenant Advocacy Agencies – Community legal aid and tenant assistance programs (inquire locally for contact details)

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1. Prince Edward Island Residential Tenancy Act
2. Island Regulatory and Appeals Commission (IRAC)
3. Canadian Criminal Code s.184 (Intercepting Communications)

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