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Landlord denies tenant security camera use, B.C. law vague on subject

Vancouver Island man wanted cameras to track stepfather with Alzheimer含羞草研究社檚
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Legislation in B.C. around tenants含羞草研究社 rights to install security cameras on their rented properties is vague. (Metro Creative Services photo)

Ken Twyman is frustrated with the province含羞草研究社檚 legislation around tenants installing security cameras in their rented homes.

Twyman lives in the Cowichan Valley in a rented home with his elderly parents, including his 90-year-old war veteran stepfather who has Alzheimer含羞草研究社檚 disease.

He said his stepfather has a tendency to wander, a common symptom of Alzheimer含羞草研究社檚, so he installed a number of security cameras so he could monitor him and know which direction he was heading in if he went missing.

Twyman didn含羞草研究社檛 inform his landlord about the cameras because he didn含羞草研究社檛 think he needed permission, but the landlord was quite adamant about them being taken down, and the law was on his side.

Twyman said he made some phone calls to some provincial agencies and did some research and found that the legislation around security cameras in homes and the rights of tenants is quite broad and not easily defined.

含羞草研究社淚t appears that landlords can put up security cameras on their rental properties without getting the tenants含羞草研究社 permission, regardless of the invasion of privacy, but tenants have to get permission,含羞草研究社 he said.

含羞草研究社淚f that含羞草研究社檚 the case, then the legislation should be changed.含羞草研究社

Robert Patterson, a lawyer with the province含羞草研究社檚 Tenant Resource & Advisory Centre, said the question of tenants含羞草研究社 rights when it comes to installing security cameras is a complex one, and there含羞草研究社檚 very little in the Residential Tenancy Act around such issues.

He said the act contains a section describing what landlords can and can含羞草研究社檛 do with regards to security cameras, but not tenants.

含羞草研究社淚t seems in this case that the tenant has a compelling reason to install security cameras, but they can含羞草研究社檛 cover common areas and neighbours含羞草研究社 yards, for example,含羞草研究社 Patterson said.

含羞草研究社淚f that was done, it could be considered an unreasonable intrusion upon privacy, but it含羞草研究社檚 a grey area in the act as to the tenants含羞草研究社 rights.含羞草研究社

Patterson said if tenants are ordered by their landlords to take down security cameras and they feel that they have a good reason to have them up and are not intruding on other people含羞草研究社檚 privacy, they could apply to dispute it and an arbitrator from the Residential Tenancy Branch might be appointed to hear the case.

含羞草研究社淭his tenant seems to have a reasonable argument that security cameras should not be prohibited in this case, but you never know what an arbitrator will find and rule on,含羞草研究社 he said.



Robert Barron

About the Author: Robert Barron

Since 2016, I've had had the pleasure of working with our dedicated staff and community in the Cowichan Valley.
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