Apartment owners in British Columbia were fined $200 for violating a bylaw because their tenant dropped a single fry in the elevator lobby, according to a decision by the Civil Resolution Tribunal of the province.

The condo owners challenged the French fries fine, as well as another for the same amount, on the grounds that evidence of the by-law violations was obtained from CCTV footage, violating provincial protection legislation. of private life.

The dispute between BCFS Residential Rentals Ltd., a company that owns and rents two units in the building, and the council, which imposed the fines, dates back to 2022 and was settled last week. In British Columbia, the common assets of a strata building are owned by a strata corporation and managed by a strata board.

BCFS was asking the court to declare the fines invalid and order the strata to “stop using video surveillance recordings to monitor residents and enforce its regulations,” according to the ruling.

The strata, for their part, argued that the fines were valid and that the court did not have jurisdiction to rule on privacy issues.

The issue of CCTV footage arose when tenants challenged the two fines – one for “dropped food” and another for “loud noises”, the court ruling explains.

“Other than the video surveillance recordings, there is no supporting evidence, such as witness statements, confirming the tenants’ alleged conduct,” wrote tribunal member J. Garth Cambrey, adding that the form complaint submitted indicated that it was filed by “the council”.

It was only by reviewing the records that BCFS realized the food dropping complaint was based on the errant fries.

In September 2022 – once BCFS realized the complaints were based on CCTV footage – the company contacted the Office of the Information and Privacy Commissioner of British Columbia to inquire whether the Privacy Act privacy protection was in effect.

“PIPA governs how private organizations, including collective corporations, may collect, use and disclose an individual’s personal information,” the decision states.

“Generally speaking, organizations should be permitted to collect, use and disclose personal information with prior notice and express or implied consent. »

In May 2023, the ICPO wrote to BCFS and tenants and said the use of CCTV footage to enforce the regulations was against the law. The court ruled that the fines were “substantially unfair” for this reason.

“It would not have been possible for the strata to identify the tenants without the recordings, as there is no other supporting evidence as to who was responsible for the noise and frying, other than the council’s complaints ” Cambrey wrote.

However, the court also found that it could not order strata to stop using their CCTV footage in this manner, noting that CIPO has “exclusive” jurisdiction to order organizations to stop “collecting, using or disclose personal information.”

Strata was ordered to repay BCFS $400 in statutory fines, as well as pay the company $225 in court costs and $38.99 in prejudgment interest.