Drone Privacy in Canada: What You Can and Can’t Film

Getting your pilot certificate and following the flight rules doesn’t settle everything. As soon as your camera points at people or private property, another set of rules comes into play: privacy, trespass and, for businesses, personal information law. This guide gives you a practical, plain-language overview. It is general information, not legal advice.

Aviation rules vs privacy rules

Transport Canada regulates how and where drones fly. It does not give you permission to record people. Privacy protections come from several sources: the Criminal Code, provincial privacy and civil law, trespass law and federal and provincial laws on personal information collected by organizations. Transport Canada’s own guidance reminds pilots to respect privacy. Start with the flight rules in our Canada drone rules guide, then apply the principles below.

The reasonable expectation of privacy

The key idea in Canadian privacy law is whether a person has a reasonable expectation of privacy. Someone walking on a busy public street has a lower expectation than someone in their fenced backyard, at a window or inside their home. A drone can see over fences and into windows that would be impossible to see from the ground, which is why filming private spaces is where most problems start.

• Generally lower risk: wide landscape shots, public events filmed from a distance with permission from organizers, crowds where no individual is the focus.
• Higher risk: hovering over private yards or pools, filming through windows, following a specific person, recording someone who has asked you to stop.

Trespass and nuisance

Who owns the air above a property is a complex question, but practical rules are simple: take off and land only where you have permission, avoid repeated low flights over private property, and don’t hover near homes. Repeated or intrusive flights can lead to complaints of nuisance or harassment.

Using footage commercially

If you film for a business or a client, privacy obligations increase. Organizations that collect personal information in the course of commercial activities must follow federal or provincial privacy laws, which generally require consent and a legitimate purpose. Recognizable faces and licence plates can count as personal information.

• Get written consent from identifiable people who feature in commercial footage.
• Blur faces and licence plates you don’t have consent for.
• Store footage securely and delete what you don’t need.
• Tell clients and property owners what you will film and how it will be used.

Quebec has its own framework

Quebec’s Civil Code protects the right to one’s image and private life, and the province has its own private-sector privacy law. If you film in Quebec, be especially careful about publishing images in which people can be identified without their consent. The Government of Quebec website is a good place to start for provincial rules.

A responsible-pilot code

1. Plan shots that don’t single out individuals.
2. Ask permission when people are clearly identifiable.
3. Keep a respectful altitude and distance from homes.
4. Stop recording and move away if someone objects.
5. Don’t publish footage that could embarrass or identify people without consent.
6. Keep your registration and certificate on you, and identify yourself if asked.

Where to learn more

The Office of the Privacy Commissioner of Canada publishes guidance on drones and privacy for individuals and businesses. For park-specific restrictions, see our guide to flying in Canadian parks.