http://ambientlight.ca/laws/
Photography Laws
Photography is mentioned in very few Canadian laws. Where it is mentioned, it is usually referenced as “negatives” or “photographic plates”, technologies which are now rather dated. There are lots of other laws, which do apply to photography, even if they don’t mention it by name, sometimes in interesting ways.
In the following sections, I take a look at the laws and how they apply to photography in Canada. This guide has been maintained and updated with new information that I’ve found, and that others have sent me for several years now, however, it is still incomplete. Although I do provide quotes from the actual laws, the vast majority of the information here is my interpretation. I am not a lawyer, and this is not legal advice. For more information, see the Disclaimer.
There are two major categories:
- Overview – An easy-to-understand, point-form interpretation of the laws. A good starting place.
- The Laws – By location, this has a section for each law, and what it means for photography.
Additionally, there is also supporting information:
- Printable Laws Pamphlet – A printable PDF based on some of the more important laws on this site.
- Disclaimer and Revision History – Even more legal stuff, as well as the history of updates.
Overview
Canadian Photography Laws » Overview
In this section, I break down the applicable laws into easy-to-understand sections, detailing what is allowed, and what is against the law.
Although these sections will be a good primer regardless of where you take photographs, the laws detailed in this section are specific to Toronto, Ontario. If you are not taking photos in Toronto or Ontario, some of the laws shown in the following sections may not apply to you, and others may. You will want to investigate the laws that apply to you in further detail in The Laws.
What Can I Photograph?
 | Laws are complex and differ by city and province. This summary uses laws for Toronto, Ontario. If you are not taking photos here, some of these laws may not apply to you, and others may. Investigate the rules in your city/province in The Laws. |
 | You cannot photograph a person who has a ‘reasonable expectation of privacy‘. This is someone who believes that they are in a private location and no-one is watching them, such as a person in a bathroom. Criminal Voyeurism |
 | It is not illegal, nor against copyright to take photos of buildings, public art, and permanently installed sculptures. Copyright Act |
|
What you are doing Although taking the photo may not be illegal, what you are doing while taking the photo can be. This doesn’t necessarily make the photo illegal, but it can be used as evidence. Although every law applies here, the following cover a few that you have a greater chance of breaking: |
| If you illegally enter a building or property, including breaking windows or locks to enter the building or property. Breaking and Entering |
| Misrepresenting yourself, using fake ID, saying that you are someone you are not, or associated with an organization you are not. Fraud / Security of Information Act |
| Being cruel to animals. Cruelty to Animals |
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Where you take the photo Although taking the photo may not be illegal, where you are matters, since you may be breaking a law just by being there, or, if photography is not allowed, taking the photo may be what breaks the law. This doesn’t necessarily make the photo illegal, but it can be used as evidence. |
| On your own property. |
| On public property, like side walks. This includes taking photos of anything that a normal person could see from public property. |
| On another person’s property, where you have permission from the owner, property manager, security guard, or other representative of the owner. |
| Any private property that has a “photography allowed” sign, or that you have permission from the owner to take photographs. |
| At night outside another person’s home, on their property, without permission. Prowl At Night |
| On private property that has a “no photography allowed” sign, or that you have been told by the owner not to take photographs. Trespassing |
| On property that is privately owned, but open to the public, like malls, galleries, etc. Although you should ask before taking photos, if there aren’t any “no photography” signs, you may take photos until told otherwise by the owner, property manager, security guard, or other representative of the owner. |
| On private property, where you are not authorized to be, and have ignored a sign or instructions from the owner, like: “do not cross”, or “authorized personnel only”. Trespassing |
| If you are a commercial photographer, and shoot on a Toronto highway, in a city park, or city-owned property without permit. Toronto By-Laws |
| If you are a commercial photographer, and shoot on TTC property, without permit. TTC By-Laws |
| Except what’s above, it is perfectly legal to take any other photograph. |
What Can I Publish?
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Publishing This could be:
|
| Laws are complex and differ by city and province. This summary uses laws for Toronto, Ontario. If you are not publishing photos here, some of these laws may not apply to you, and others may. Investigate the rules in your city/province in The Laws. |
| If the photo was taken in one location, and published in another, there is no clear ruling on which laws apply, so assume that the laws from both locations apply. |
| A photo that you do not own. Copyright Act |
| A photo that would interfere with a large number of Canadian’s lives, impairs or threatens the Canadian Forces, national security or intelligence. Security of Information Act |
| The name or photo of a child that is convicted or charged with an offence. Youth Criminal Justice Act |
| With the exception of the above, you can publish any other photograph. |
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Getting Sued Although not illegal, publishing a photo that would hurt someone (physically, emotionally, financially, or professionally) may cause you to get sued. |
| All identifiable subjects have signed a model release. |
| Publishing a photo of an identifiable person, without consent. Ontario does not have a law that gives each person a “right to their own image”, allowing them to control what you can do with the photo. However, the lack of a personal privacy law does not mean you won’t get sued over it. Privacy Act, Civil Law |
| All identifiable buildings and locations have a location release signed by the property owners. |
| Publishing a photo of an identifiable building as a primary subject. Civil Law |
| All identifiable Trademarks have written permission to use the Trademark. |
| Publishing a photo that uses a trademark as a primary element of the photo. Companies spend lots of money promoting their brand, and the Trademark is their legal right to control that brand. Incidental logos are fine, but ensure that your photo is not deliberately misrepresenting their brand. Civil Law |
| If your photograph is newsworthy, and being published for the purpose of news, then no model release, location release, or trademark permission is needed. This includes newsworthy photos of celebrities, politicians, or other people in the public eye. |
| Modifying the photo to deliberately mislead or misrepresent what an identifiable person or company is doing. This includes using a misleading caption. Civil Law |
What Can I Sell?
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Selling Exchanging the photo, or rights to use or publish the photo, for money or other compensation. |
| Laws are complex and differ by city and province. This summary uses laws for Toronto, Ontario. If you are not selling photos here, some of these laws may not apply to you, and others may. Investigate the rules in your city/province in The Laws. |
| If the photo was taken in one location, and sold in another, there is no clear ruling on which laws apply, so assume that the laws from both locations apply. |
| A photo that you do not own. Copyright Act |
| A photo that would interfere with a large number of Canadian’s lives, impairs or threatens the Canadian Forces, national security or intelligence. Security of Information Act |
| With the exception of the above, you can sell any other photograph. |
|
Getting Sued Although not illegal, selling a photo that would hurt someone (physically, emotionally, financially, or professionally) may cause you to get sued. Furthermore, if you sell the rights to publish that photo, ensure that you also look at What Can I Publish? |
| All identifiable subjects have signed a model release. |
| Selling a photo of an identifiable person, without consent.Ontario does not have a law that gives each person a “right to their own image”, allowing them to control what you can do with the photo. However, the lack of a personal privacy law does not mean you won’t get sued over it. Privacy Act, Civil Law |
| All identifiable buildings and locations have a location release signed by the property owners. |
| Selling a photo of an identifiable building or location as a primary subject. Civil Law |
| All identifiable Trademarks have written permission to use the Trademark. |
| Selling a photo that uses a trademark as a primary element of the photo.Companies spend lots of money promoting their brand, and the Trademark is their legal right to control that brand. Incidental logos are fine, but ensure that your photo is not deliberately misrepresenting their brand. Civil Law |
| Modifying the photo to deliberately mislead or misrepresent what an identifiable person or company is doing. This includes using a misleading caption. Civil Law |
Me and My Property
It is important to understand your rights. Above all else, a photographer is no different than any other normal person. You holding a camera does not grant you any additional rights over others, nor does not having a camera grant another person additional rights over you.
The list below has a few important items to remember, but only scratches the surface of the everyday rights that affect you.
| Laws are complex and differ by city and province. This summary uses laws for Toronto, Ontario. If you are not taking photos here, some of these laws may not apply to you, and others may. Investigate the rules in your city/province in The Laws. |
| You cannot harass anyone. This includes taking photos of them after they have asked you to stop. Criminal Code |
| You cannot stalk anyone. Don’t follow them. This includes celebrities, politicians, and other people in the public eye. Criminal Code |
| You cannot interfere with anyone else. For example, you have no right to block a public road or side walk, stop or prevent another person from using their own personal property. Civil Law |
| Nobody can interfere with your lawful enjoyment of your personal property (ie: your camera). This includes Police. Civil Law, Criminal Code, Charter |
| If you are on your own property, or on public property (like a sidewalk or at a park), nobody can dictate you what you can or cannot take a photo of. Civil Law |
| Nobody can threaten to destroy your camera, lenses, film, cards, other property, nor can they threaten you with physical harm.Nobody can actually destroy your property, forcibly delete photos, expose your film, or harm you. Criminal Code |
| Nobody can search you, your bags, car, etc. However, being searched may be a condition of entrance to private property or an event.Police may only search you if they have a valid, legal reason to believe you have committed a crime. Civil Law, Charter, Trespassing |
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Private Property When you are on private property, the property owner, or a person acting on behalf of the property owner, like a security guard or property manager, can control what you are allowed or not allowed to do on their property, how long you can stay, or if you are allowed there at all. They can do this by posting signs, or telling you. They do not need a “policy”, they can allow or disallow activities on a per activity and/or per-person basis. Trespassing |
| If you are on private property, and you have been told by the owner (or security guard, or other representative of the owner), or if there is a sign posted, saying that some activities are not allowed, you must not do those things.For example, the owner may disallow flash photography, or the use of tripods. Trespassing |
| If you are allowed on private property, and you don’t know if photography is allowed (no signs, owner hasn’t told you), assume photography is allowed until told otherwise.Once you are informed by the owner, you must stop taking photos. The owner has no rights to any photos taken before being told. They are your personal property. You do not have to delete, surrender, or even show them. Trespassing |
| For more information on what you can take photos of, see What Can I Photograph? |
The Laws
Canadian Photography Laws » The Laws
There are two different kinds of legal situations that we are interested in. First, there are laws, regulations, statutes, and bylaws, which society dictates are things that you are not allowed to do. The government (being municipal, provincial, or federal), on behalf of society, will enforce these, and punish you with fines, jail time, or community service. You can find the applicable laws under the following categories:
The other legal situation that applies here is between you and a private citizen or company, and is called Civil Law, or Private Law. Damages and restitution are awarded usually as financial compensation, to the victim. You can find the applicable laws under the category:
For more information about types of Canadian Law, see the Wikipedia article.
Federal Law
The Federal laws apply in some way, shape, or form to Photography:
Charter of Rights and Freedoms
The Charter of Rights and Freedoms guarantees basic rights and freedoms for all Canadians. However, the Charter only dictates the government’s role. This means that the government or police can’t stop you from taking photos, just because they feel like it. The charter does not:
- Relieve you of breaking other laws
- Relieve you of breaking Civil Law (you vs. another person or company)
- Dictate what you are allowed to do on someone else’s property
Canadian Charter of Rights and Freedoms, 32.:
This Charter applies:
a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
You are guaranteed the right to take photographs, and publish them
You are guaranteed the right to express yourself through photography, and you have the freedom to publish the photos you take. Unless you are arrested, the Charter of Rights and Freedoms guarantees your right to take photographs of anything you want, as well as publish them.
Canadian Charter of Rights and Freedoms, 2.b):
freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
Canadian Charter of Rights and Freedoms, 7.:
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
No Interference From Police
The Police can not interfere with your lawful enjoyment of property. They can not search you, detain you, nor imprison you without legal reason.
Canadian Charter of Rights and Freedoms:
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
8. Everyone has the right to be secure against unreasonable search or seizure.
9. Everyone has the right not to be arbitrarily detained or imprisoned.
Reasonable Expectation of Privacy
The Canadian Charter of Rights and Freedoms also says that every Canadian is guaranteed a reasonable expectation of privacy. This protects your privacy against unreasonable search, and seizure of your property by the government. For non-government related privacy, see Criminal Voyeurism, and the various Privacy Acts for your Province, they protect your privacy from other people and companies, as well, they protect the privacy of people you photograph.
Canadian Charter of Rights and Freedoms, 8.:
Everyone has the right to be secure against unreasonable search or seizure.
References
- Canadian Charter of Rights and Freedoms
- Note: This site may redirect new visitors away from the page that they request the first time they visit. If this happens to you, just click on this link again to open the correct page.
Criminal Code
The Criminal Code contains the bulk of Canada’s common-sense criminal laws. There are very few laws in the Code that specifically relate to photography, however, it contains a lot of laws that you could break in order to take photos, or while taking photos.
There are way too many things that are included in the Criminal Code that are just common sense to list here. If you are not familiar with the contents of the Criminal Code of Canada, it may be worth your time to read through the section titles to give you an idea of what the Criminal Code of Canada covers. In the References section at the bottom, you can find a link to the Criminal Code table of contents.
The following is a sample of the laws within the Criminal Code which you could run into while taking photos:
In addition to trespassing, which is a Provincial law, this Federal law covers “prowling” at night on private property. Do not loiter on another person’s property, particularly near a house, at night.
Criminal Code of Canada, 177.: (“Disorderly Conduct”)
Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
You can not take photos of people who are in circumstances where they believe that they have a reasonable expectation of privacy, for example, a bathroom. This generally extends to include a person inside their own home, or anywhere where they have reason to believe is a private place.
Criminal Code of Canada, 162. (1): (“Criminal Voyeurism”)
Every one commits an offence who, surreptitiously, observes – including by mechanical or electronic means – or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy
Every one commits an offence who, surreptitiously, observes – including by mechanical or electronic means – or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy
Do not break into, or enter, a house, building, car, or any other property which you do not own. Do not carry tools commonly used for break-ins.
Although Breaking and Entering requires proof of intent to commit an offence, it does carry a hefty penalty, and few people know of this requirement.
Criminal Code of Canada, 348. (1): (“Breaking and Entering”)
Every one who
(a) breaks and enters a place with intent to commit an indictable offence therein,
(b) breaks and enters a place and commits an indictable offence therein, or
(c) breaks out of a place after(i) committing an indictable offence therein, or
(ii) entering the place with intent to commit an indictable offence therein,
is guilty
(d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and
(e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.
Criminal Code of Canada, 351. (1): (“Breaking and Entering”)
(1) Every one who, without lawful excuse, the proof of which lies on them, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for such a purpose,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Every one who
(a) breaks and enters a place with intent to commit an indictable offence therein,
(b) breaks and enters a place and commits an indictable offence therein, or
(c) breaks out of a place after(i) committing an indictable offence therein, or
(ii) entering the place with intent to commit an indictable offence therein,
is guilty
(d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and
(e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.
Criminal Code of Canada, 351. (1): (“Breaking and Entering”)
(1) Every one who, without lawful excuse, the proof of which lies on them, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for such a purpose,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Do not tell people you are someone whom you are not, and do not deceive anyone. This includes use of props, uniforms, and anything else used to deceive another person.
Criminal Code of Canada, 380. (1): (“Fraud”)
Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
Do not be cruel to animals, harm or injure them, or cause them to be harmed or injured. This includes baiting animals.
Criminal Code of Canada, 345.1. (1): (“Cruelty to Animals”)
Every one commits an offence who
(a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;
(b) in any manner encourages, aids or assists at the fighting or baiting of animals or birds;
(c) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;
Every one commits an offence who
(a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;
(b) in any manner encourages, aids or assists at the fighting or baiting of animals or birds;
(c) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;
You cannot threaten to (or actually do) harm to someone else, or their property.
Likewise, nobody can threaten to break or destroy your camera, lenses, storage cards, film, other property, nor can they threaten you with physical harm. Nobody can actually destroy your property, forcibly delete photos, expose your film, or harm you.
Criminal Code of Canada, 264.1 (1) (“Assault”):
Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
(a) to cause death or bodily harm to any person;
(b) to burn, destroy or damage real or personal property;
Criminal Code of Canada, 430 (“Mischief”):
Every one commits mischief who wilfully
(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
(a) to cause death or bodily harm to any person;
(b) to burn, destroy or damage real or personal property;
Criminal Code of Canada, 430 (“Mischief”):
Every one commits mischief who wilfully
(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
If you photographed a crime, police may want your photos to use as evidence.
This should result in the police asking your permission to take your photos into evidence, however, if the police have reason to believe that you intend to destroy or alter the photos, or disappear, they can seize them without a warrant, if needed. See also a refresher bulletin by the BC Civil Liberties union in the references section below.
Criminal Code of Canada, 487.11:
A peace officer, or a public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, may, in the course of his or her duties, exercise any of the powers described in subsection 487(1) or 492.1(1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.
A peace officer, or a public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, may, in the course of his or her duties, exercise any of the powers described in subsection 487(1) or 492.1(1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.
Harassing people to get photos of them is illegal. This includes activities like following or stalking them, repeatedly taking photos or badgering them, their family or friends.
Criminal Code of Canada, 264. (1):
No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
Prohibited conduct
(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.
No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
Prohibited conduct
(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.
If someone believes you have committed a crime, they have the right to arrest you.
Criminal Code of Canada, 494.
(1) Any one may arrest without warrant
(a) a person whom he finds committing an indictable offence; or
(b) a person who, on reasonable grounds, he believes
(i) has committed a criminal offence, and
(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.
(2) Any one who is
(a) the owner or a person in lawful possession of property, or
(b) a person authorized by the owner or by a person in lawful possession of property,
may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.
(3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.
(1) Any one may arrest without warrant
(a) a person whom he finds committing an indictable offence; or
(b) a person who, on reasonable grounds, he believes
(i) has committed a criminal offence, and
(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.
(2) Any one who is
(a) the owner or a person in lawful possession of property, or
(b) a person authorized by the owner or by a person in lawful possession of property,
may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.
(3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.
References
- Criminal Code of Canada
- Note: This site may redirect new visitors away from the page that they request the first time they visit. If this happens to you, just click on this link again to open the correct page.
- Securing Evidence Refresher Bulletin (45Kb PDF) published by the BC Civil Liberties Union (Local Mirror).
Copyright Act
The photographer is the owner of every photo that they have taken. Even if 2 people take an identical photograph, each photographer will own their own photograph. This includes popular tourist attractions which have their pictures taken several thousand times per day, the photographs may not be terribly unique, but each photo taken is still the property of it’s photographer. The term of the copyright is from the time the photo was taken until the remainder of the year you die, plus 50 years.
Copyright Act:
13.(1) Subject to this Act, the author of a work shall be the first owner of the copyright therein.
6. The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author, the remainder of the calendar year in which the author dies, and a period of fifty years following the end of that calendar year.
13.(1) Subject to this Act, the author of a work shall be the first owner of the copyright therein.
6. The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author, the remainder of the calendar year in which the author dies, and a period of fifty years following the end of that calendar year.
If you are employed, contracted, or are on an apprenticeship, and the photos were taken as part of the job, you still own the photos, unless, as part of the contract, you signed over the ownership. It is possible to grant a license or rights to the photos instead of full ownership.
Copyright Act, 13.
(3) Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical.
(4) The owner of the copyright in any work may assign the right, either wholly or partially, and either generally or subject to limitations relating to territory, medium or sector of the market or other limitations relating to the scope of the assignment, and either for the whole term of the copyright or for any other part thereof, and may grant any interest in the right by licence, but no assignment or grant is valid unless it is in writing signed by the owner of the right in respect of which the assignment or grant is made, or by the owner’s duly authorized agent.
(3) Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical.
(4) The owner of the copyright in any work may assign the right, either wholly or partially, and either generally or subject to limitations relating to territory, medium or sector of the market or other limitations relating to the scope of the assignment, and either for the whole term of the copyright or for any other part thereof, and may grant any interest in the right by licence, but no assignment or grant is valid unless it is in writing signed by the owner of the right in respect of which the assignment or grant is made, or by the owner’s duly authorized agent.
It is not against copyright law to take a photo of any architectural work, for example, a building, or a permanent piece of public art.
Copyright Act, 32.2. (1):
It is not an infringement of copyright
(b) for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work
(i) an architectural work, provided the copy is not in the nature of an architectural drawing or plan, or
(ii) a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building;
It is not an infringement of copyright
(b) for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work
(i) an architectural work, provided the copy is not in the nature of an architectural drawing or plan, or
(ii) a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building;
References
- Copyright Act
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Security of Information Act
The Security of Information Act is to protect Canada from spies, espionage, and sabotage.
Stated simply, do not do anything to interfere with a large number of Canadian’s lives, impair or threaten the Canadian Forces, national security or intelligence.
This law also includes use of a uniform or fake or altered identification to gain access to sensitive areas, which would otherwise be Fraud.
This could include passing any photos or information that are (or could be considered) national secrets to foreign countries. Generally, this act does not apply to photography, and offences are generally considered treason.
To be convicted, there must be proof that you had intent to do harm or interfere, or actually did harm or interfere.
Security of Information Act 3.:
(1).For the purposes of this Act, a purpose is prejudicial to the safety or interests of the State if a person
(a) commits, in Canada, an offence against the laws of Canada or a province that is punishable by a maximum term of imprisonment of two years or more in order to advance a political, religious or ideological purpose, objective or cause or to benefit a foreign entity or terrorist group;
(b) commits, inside or outside Canada, a terrorist activity;
(c) causes or aggravates an urgent and critical situation in Canada that
(i) endangers the lives, health or safety of Canadians, or
(ii) threatens the ability of the Government of Canada to preserve the sovereignty, security or territorial integrity of Canada;
Security of Information Act 5.:
(1). Every person is guilty of an offence under this Act who, for the purpose of gaining admission, or of assisting any other person to gain admission, to a prohibited place, or for any other purpose prejudicial to the safety or interests of the State,
(a) uses or wears, without lawful authority, any military, police or other official uniform or any uniform so nearly resembling such a uniform as to be calculated to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform;
(b) orally or in writing in any declaration or application, or in any document signed by him or on his behalf, knowingly makes or connives at the making of any false statement or omission;
(c) forges, alters or tampers with any passport or any military, police or official pass, permit, certificate, licence or other document of a similar character, in this section referred to as an official document, or uses or has in his possession any such forged, altered or irregular official document;
(d) personates or falsely represents himself to be a person holding, or to be in the employment of a person holding, office under Her Majesty, or to be or not to be a person to whom an official document or secret official code word or password has been duly issued or communicated, or with intent to obtain an official document, secret official code word or password, whether for himself or any other person, knowingly makes any false statement
(1).For the purposes of this Act, a purpose is prejudicial to the safety or interests of the State if a person
(a) commits, in Canada, an offence against the laws of Canada or a province that is punishable by a maximum term of imprisonment of two years or more in order to advance a political, religious or ideological purpose, objective or cause or to benefit a foreign entity or terrorist group;
(b) commits, inside or outside Canada, a terrorist activity;
(c) causes or aggravates an urgent and critical situation in Canada that
(i) endangers the lives, health or safety of Canadians, or
(ii) threatens the ability of the Government of Canada to preserve the sovereignty, security or territorial integrity of Canada;
Security of Information Act 5.:
(1). Every person is guilty of an offence under this Act who, for the purpose of gaining admission, or of assisting any other person to gain admission, to a prohibited place, or for any other purpose prejudicial to the safety or interests of the State,
(a) uses or wears, without lawful authority, any military, police or other official uniform or any uniform so nearly resembling such a uniform as to be calculated to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform;
(b) orally or in writing in any declaration or application, or in any document signed by him or on his behalf, knowingly makes or connives at the making of any false statement or omission;
(c) forges, alters or tampers with any passport or any military, police or official pass, permit, certificate, licence or other document of a similar character, in this section referred to as an official document, or uses or has in his possession any such forged, altered or irregular official document;
(d) personates or falsely represents himself to be a person holding, or to be in the employment of a person holding, office under Her Majesty, or to be or not to be a person to whom an official document or secret official code word or password has been duly issued or communicated, or with intent to obtain an official document, secret official code word or password, whether for himself or any other person, knowingly makes any false statement
References
- Security of Information Act
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Youth Criminal Justice Act
Previously known as the Young Offenders Act, this act protects minors from public scorn. The child’s name, and anything that would identify them (such as a photograph of them) is forbidden to be published for any youth who is convicted or charged with an offence under this act. This does not apply if the youth is given an adult sentence. This law won’t apply to too many people, unless you happen to capture a photo of a charged or convicted youth, and publish it as such. Although you have the right to take and publish any image under the Charter of Rights, that only forbids the government from interfering. For publishing it, you may be charged under this act.
Youth Criminal Justice Act 110. (1):
Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under this Act.
(2) Subsection (1) does not apply
(a) in a case where the information relates to a young person who has received an adult sentence;
Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under this Act.
(2) Subsection (1) does not apply
(a) in a case where the information relates to a young person who has received an adult sentence;
References
- Youth Criminal Justice Act
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PIPEDA
PIPEDA is the Personal Information Protection and Electronic Documents Act. It protects personal information collected, stored, published or otherwise used, such has that obtained through model and location releases.
However, it only applies in certain circumstances:
- It does not apply to governments collecting information.
- It does not apply to information collected by an individual for personal use only
- It does not apply to information collected by organizations used for journalistic, artistic, or literary purposes
To comply with this law:
- You must do anything that is deemed reasonable to protect the information you collect, given the circumstances. This means that, by signing a model release, it is reasonable to expect that you will store this agreement as long as the photos exist, and use this information to prove your agreement.
- Include on your model and location releases a statement that they agree to that gives consent to your storage, use of, and disclosure of the release form information.
Personal Information Protection and Electronic Documents Act:
An Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act
4. (1) This Part applies to every organization in respect of personal information that
(a) the organization collects, uses or discloses in the course of commercial activities; or
(b) is about an employee of the organization and that the organization collects, uses or discloses in connection with the operation of a federal work, undertaking or business.
(2) This Part does not apply to
(a) any government institution to which the Privacy Act applies;
(b) any individual in respect of personal information that the individual collects, uses or discloses for personal or domestic purposes and does not collect, use or disclose for any other purpose; or
(c) any organization in respect of personal information that the organization collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose.
5. (3) An organization may collect, use or disclose personal information only for purposes that a reasonable person would consider are appropriate in the circumstances.
References
- Personal Information Protection and Electronic Documents Act (PIPEDA)
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Provincial Law
The Provincial laws apply in some way, shape, or form to Photography:
I'm apart of Ontario so... Ontario it is :P
Ontario
In Ontario, the following laws apply in some way, shape, or form to Photography:
Privacy Act
The Privacy Act protects personal information that is submitted to the government from improper use or distribution, and does not apply to photography, with the possible exception of photography done for a Government body.
Privacy Act, 2.:
The purpose of this Act is to extend the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a government institution and that provide individuals with a right of access to that information.
The purpose of this Act is to extend the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a government institution and that provide individuals with a right of access to that information.
Ontario does not have an Act which grants it’s citizens ownership of their image, likeness, voice, or other attributes. Other provinces may have this kind of act, however, the Privacy Act of Ontario does not protect these rights. This does not mean that model releases are not be required, since the model could sue you under Civil law.
References
- Privacy Act
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Trespass to Property Act
When you are on private property, what you are allowed to do may be limited by the owner of the property, or by someone acting on the owner’s behalf, like their security guard. If the property owner puts up signs or tells you not to do something (eg: no trespassing, no photography, keep off grass, etc), then disobeying the signs or verbal instructions is trespassing. If you are asked by the owner to leave the property, you must leave immediately, otherwise you are trespassing. Without any signs, you should not enter the following properties:
- Garden
- Field
- Any other land under cultivation
- Lawn
- Orchard
- Vineyard
- Anywhere with trees planted that average less than 2 meters in height
- Any fenced-in area
Trespass to Property Act, 2.:
Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission of the occupier, the proof of which rests on the defendant,
(i) enters on premises when entry is prohibited under this Act, or
(ii) engages in an activity on premises when the activity is prohibited under this Act; or
(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,
is guilty of an offence and on conviction is liable to a fine of not more than $2,000. R.S.O. 1990, c. T.21, s. 2 (1).
Even on the above-listed properties, you can enter any property that provides notice (via a sign or verbal) that certain activities are permitted (for those allowed activities only), or any premises that implies permission to approach a door (for approaching the door only, of course).
Trespass to Property Act, 3.:
3. (1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,(a) that is a garden, field or other land that is under cultivation, including a lawn, orchard, vineyard and premises on which trees have been planted and have not attained an average height of more than two metres and woodlots on land used primarily for agricultural purposes; or
(b) that is enclosed in a manner that indicates the occupier’s intention to keep persons off the premises or to keep animals on the premises. R.S.O. 1990, c. T.21, s. 3 (1).
3. (2). There is a presumption that access for lawful purposes to the door of a building on premises by a means apparently provided and used for the purpose of access is not prohibited. R.S.O. 1990, c. T.21, s. 3 (2).
This is the important one: For properties not listed above, when there are no signs, you may enter the premises, and perform any lawful activity you wish, unless told otherwise by the property owner (or someone acting on behalf of the land owner, like a security guard). This is why you are allowed in malls. However, you should always use common sense. For properties that have notice (signed, verbal, etc), you must abide by the notice, but you may still perform any lawful activity on the premises that is not prohibited.
Trespass to Property Act, 4.:
(1) Where notice is given that one or more particular activities are permitted, all other activities and entry for the purpose are prohibited and any additional notice that entry is prohibited or a particular activity is prohibited on the same premises shall be construed to be for greater certainty only. R.S.O. 1990, c. T.21, s. 4 (1).
(2) Where entry on premises is not prohibited under section 3 or by notice that one or more particular activities are permitted under subsection (1), and notice is given that a particular activity is prohibited, that activity and entry for the purpose is prohibited and all other activities and entry for the purpose are not prohibited. R.S.O. 1990, c. T.21, s. 4 (2).
However, if you are taking photographs in a mall, or some other privately-owned-but-open-to-the-public property, and their security guards confront you, they can permit or deny you from doing any activity on the premises, just by telling you. Since they are acting on behalf of the owner, they can control what you are allowed to do, where you are allowed to go on the property, or whether you are allowed there at all. If they tell you that photography is not allowed, continuing to take photographs is trespassing. They may also simply ask you to leave, and by not doing so in an orderly fashion, you are trespassing. They can also ban you from the property, in which case, if you come back, your trespassing.
Trespass to Property Act, 2.:
Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission of the occupier, the proof of which rests on the defendant,
(i) enters on premises when entry is prohibited under this Act, or
(ii) engages in an activity on premises when the activity is prohibited under this Act; or
(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,
is guilty of an offence and on conviction is liable to a fine of not more than $2,000. R.S.O. 1990, c. T.21, s. 2 (1).
Note that this is a law (a provincial statute), so the owner can not “sue you for trespassing”, however, they can call the police and have you arrested and charged with trespassing, at which point the government can fine you. Unless you actually damage something, it is unlikely that property owner can sue you under Civil Law. If you are convicted of trespassing, the property owner can not sue you under Civil Law.
Trespass to Property Act, 12.(4):
A judgment for damages under subsection (1) extinguishes the right of the person in whose favour the judgment is made to bring a civil action for damages against the person convicted arising out of the same facts. R.S.O. 1990, c. T.21, s. 12 (4).
If you trespass, the property owner, or security guard, can arrest you (“citizen’s arrest” — although this term is not used in Canada).
Trespass to Property Act, 9.:
Arrest without warrant on premises
(1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2. R.S.O. 1990, c. T.21, s. 9 (1).
(2) Where the person who makes an arrest under subsection (1) is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer. R.S.O. 1990, c. T.21, s. 9 (2).
(3) A police officer to whom the custody of a person is given under subsection (2) shall be deemed to have arrested the person for the purposes of the provisions of the Provincial Offences Act applying to his or her release or continued detention and bail. R.S.O. 1990, c. T.21, s. 9 (3).
Trespass to Property Act, 10.:
Arrest without warrant off premises
Where a police officer believes on reasonable and probable grounds that a person has been in contravention of section 2 and has made fresh departure from the premises, and the person refuses to give his or her name and address, or there are reasonable and probable grounds to believe that the name or address given is false, the police officer may arrest the person without warrant. R.S.O. 1990, c. T.21, s. 10.
If you trespass and run away, the police, property owner, or security guard may use as much force as is reasonably necessary to arrest you. Should you be arrested by someone other than the police, they must hand you over to the police as quickly as reasonably possible.
Note that this is in addition to the Federal Criminal Code that gives Canadians the power to perform a Citizen’s Arrest, however, this power is only when an indictable offence is being committed, such as Breaking and Entering. Only then can the owner arrest you using the rights in the Criminal Code.
Criminal Code, 25.(1): (“Protection of Persons Administering and Enforcing the Law”)
Every one who is required or authorized by law to do anything in the administration or enforcement of the law
(a) as a private person,
(b) as a peace officer or public officer,
(c) in aid of a peace officer or public officer, or
(d) by virtue of his office,
is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.
Trespass to Property Act, 9.(2):
Where the person who makes an arrest under subsection (1) is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer. R.S.O. 1990, c. T.21, s. 9 (2).
No private citizen has the right to search you, your car, or other belongings. However, being searched may be a condition of entrance to private property or an event. If you refuse a search, expect to be refused entrance to the event or property.
Many stores, for inventory control and shoplifting reasons, will ask you to present your receipt and purchased merchandise for inspection when leaving the store. Once you pay for the purchase, the merchandise becomes your property, and the store has no right to inspect your property, search you, or detain you. Assuming you have not shoplifted, if the store detains you, forcibly searches you, or arrests you, you can sue them under civil law, and they may be breaking the Criminal Code (Kidnapping, Misleading Justice).
References
- Criminal Code of Canada (Federal)
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Municipal Law
The Municipal by-laws apply in some way, shape, or form to Photography:
Toronto, ON
In Toronto, the following municipal by-laws apply in some way, shape, or form to Photography:
Commercial Photography
Unless you have a permit from the City of Toronto, you can not use City of Toronto property, parks, or highways for the purpose of commercial photography. This is to prevent photographers, and film shoots from ‘taking over’ a park, road, or other Toronto property. For example, a pushy wedding photographer and large wedding party shooting photos in a park, interrupting normal use of the park.
Toronto By-Laws: 608 Parks, 47. (“Filming and videotaping”)
While in a park, no person shall take or permit to be taken for remuneration any film, photograph, videotape or television broadcast unless permitted under the City’s film by-law and authorized by permit from the Toronto Film and Television Office.
While in a park, no person shall take or permit to be taken for remuneration any film, photograph, videotape or television broadcast unless permitted under the City’s film by-law and authorized by permit from the Toronto Film and Television Office.
Toronto By-Laws: 459 Filming
459-1. Definitions.
FILMING – The activities required for the preparation or production of film for cinematographic purposes outside a studio or film laboratory and includes the production of commercials and videos, but does not include current affairs, news casts, street interviews or home movies.
459-2. Permit required.
No person shall occupy any portion of a highway, property or park under the jurisdiction of the City of Toronto for filming purposes except in accordance with a valid permit issued pursuant to this chapter.
459-1. Definitions.
FILMING – The activities required for the preparation or production of film for cinematographic purposes outside a studio or film laboratory and includes the production of commercials and videos, but does not include current affairs, news casts, street interviews or home movies.
459-2. Permit required.
No person shall occupy any portion of a highway, property or park under the jurisdiction of the City of Toronto for filming purposes except in accordance with a valid permit issued pursuant to this chapter.
References
TTC
Toronto has a Toronto Transit Commission (TTC) Bylaw that restricts photography for commercial use, without authorization. This mentions nothing of non-commercial photography for private or artistic purposes.
By-law #1 of the Toronto Transit Commission, 16.b):
No person shall operate for commercial purposes any camera, video recording device, movie camera, or any similar device upon any vehicle or premises of the Commission without authorization. Toronto Area Transit Operating Authority Act (Ontario Statute), 3.(1):
Toronto Area Transit Operating Authority
The Authority may make by-laws regulating its proceedings. R.S.O. 1990, c. T.13, s. 3 (1).
No person shall operate for commercial purposes any camera, video recording device, movie camera, or any similar device upon any vehicle or premises of the Commission without authorization. Toronto Area Transit Operating Authority Act (Ontario Statute), 3.(1):
Toronto Area Transit Operating Authority
The Authority may make by-laws regulating its proceedings. R.S.O. 1990, c. T.13, s. 3 (1).
Remember that some TTC security staff are “special constables”, who are actual police officers. Also note that a metro transit system can interfere with a large number of Canadian’s lives, so the Security of Information Act applies.
Also remember that TTC staff may also ask you to stop taking photographs or to leave the premises, which would constitute Trespassing if you continued.
Civil Law
Canadian Civil Law generally involves a dispute between you and another person or company. Any person or company can sue any other private citizen or company for almost any
reason. Judges will look back to similar cases from the past, and use them as a guide in the ruling.
If you do damage to someone, then Civil Law will allow that person to get restitution for the damages. This is a good guideline, but not always the case.
If you break the law (federal, provincial, or municipal) and there is a private citizen or company that is a victim, you will be prosecuted by the government on behalf of society, and the private citizen or company may also choose to sue you for the damages you caused. Note that damage may not necessarily be to property, but may also be to public reputation.
There are some exceptions, which are noted in specific laws. For example, in Ontario, if you are charged and convicted of Trespassing, the property owner can not sue you civilly for the same event.
Another scenario is where no damage has occurred, and you can still be sued. For example, if you take a photo of a person, or an identifiable property, and you profit or gain from the sale of the photo, then the person or owner of the property can sue you to control the use of their image, or for a cut of the profits. This is commonly covered under the Privacy Acts in various provinces.
Libel is where you cause damage to another person’s public image by writing about them in public. Slander, which applies less here, is the verbal version of Libel (You say something publicly about them). Both are Defamation of Character, which is a direct, “defamatory” attack on a person’s reputation in public.
If a photograph you take is published, which you have a fundamental right to do, you must be careful not to misrepresent or injure the reputation of people or property which were photographed. This can be done by editing the photo to alter the situation, or adding an incorrect or misleading caption.
There is no agreed-upon civil law version of invasion of privacy. This doesn’t mean you can’t be sued for civil invasion of privacy, this just means there is no mandate on this topic.
Newspapers, magazines, and other publications, in general, will publish photos of newsworthy events. However, for reasons of journalistic integrity, ethics, and accuracy, most will not publish edited (or “photoshopped”) photos. Most publications will refuse to publish photos of children under 18, without direct permission from the child’s guardian. This is out of fear that the child could be in hiding (child protective services / foster child, separated parents, witness protection, etc), or a young offender. The reason for this is civil liability. For example, the publisher will have caused civil damage in a situation where a photo of a child that is published allows the child to be found by an abusive parent.
References
Civil Law differs from Federal, Provincial and Municipal law, in that the only written law is similar previous cases. However, there are several common unwritten laws, such as contract law and tort law.
Slander / Libel / Defamation of Character – The Tort of Defamation is the important one. However, as I’ve stated, there is no official text for the law, only references to the many, many previous cases that apply here.
Invasion of Privacy – See Somwar v. McDonald’s Restaurants of Canada Ltd. [2006] O.J. No. 64
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