A guide to privacy in stratas

Quick links

1. Personal Information Protection Act (PIPA)
2. Privacy guidelines for strata corporations and strata agents
3. OIPC PrivacyRight educational webinars and materials
4. Podcast: Strata privacy: rights, cameras and taking action

What privacy legislation applies to stratas?

Strata corporations must comply with BC’s Personal Information Protection Act (PIPA). It governs how private organizations, such as strata corporations, businesses, societies, cooperative associations, churches, sports clubs, trade unions, and other organizations can collect, use, and disclose an individual’s personal information. PIPA also applies to brokerages providing strata management services. It even applies to small strata corporations like duplexes.

PIPA applies to the actions of a strata corporation, not the actions of a private individual such as a strata owner.

Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) doesn’t apply to BC since BC’s PIPA is similar. The Freedom of Information and Protection of Privacy Act (FOIPPA) doesn’t apply to private organizations such as strata corporations either. FOIPPA only applies to public bodies in BC such as ministries of the provincial government, municipalities, crown corporations, hospitals, regional health authorities, public school boards, universities, etc.

Who enforces PIPA?

The Office of the Information and Privacy Commissioner (OIPC) oversees compliance with PIPA. Before complaining to the OIPC, you should attempt to resolve your complaint directly with the strata. Submit your complaint in writing directly to the strata’s privacy officer. Provide as much detail as you can to help them understand the nature of your complaint. Give the strata at least 30 business days to respond. If after 30 business days you have not received a response from the strata or if you are unsatisfied with how the strata addressed your complaint, you can make a complaint to the OIPC.

Are strata corporations required to have a privacy policy?

The strata corporation (managed by the strata council) is responsible for the protection of personal information of strata owners and tenants. PIPA requires every strata to have a written privacy policy and appoint a “privacy officer” to ensure the strata corporation complies with PIPA. A privacy officer is usually the council secretary or another council member.

Watch our video Creating a Strata Privacy Policy. If you’re a VISOA member, log in to your member profile to access a template to create a privacy policy for your strata.

What does the privacy officer do?

The responsibilities of the privacy officer include but are not limited to:

• Maintaining an inventory of what personal information the strata routinely collects, uses, and discloses
• Ensuring that a strata corporation’s privacy policy and procedures are being followed by the strata and strata management company (if any)
• Reviewing the strata’s security safeguards for protecting and storing personal information
• Responding to requests by strata owners and tenants for access to their personal information
• Responding to complaints in relation to the collection, use, and disclosure of personal information

On request, the strata must provide the privacy officer’s contact information to any individual who has questions about how the strata complies with PIPA. This is usually an email address.

What is personal information?

PIPA defines personal information as “information about an identifiable individual.” This can include name, date of birth, home address, home phone number, personal email address, driver’s licence information, financial information, medical information, photos or video of an individual, and more.

Some information is not considered personal information such as business contact information or information available in public directories of phone numbers and professionals, as well as personal information appearing in a printed or electronic publication like a website or online newspaper or magazine. The strata can access these sources of information without consent.

What personal information can a strata collect?

PIPA usually requires an organization to obtain a person’s consent before it collects, uses, or discloses personal information. However, PIPA provides exceptions. Consent is not required if the Strata Property Act (SPA) authorizes or requires the collection and use of personal information. For example SPA s. 35 requires the strata corporation to collect personal information, including a list of owners, their strata lot addresses and mailing addresses (if different than the strata lot address), names of tenants, and a list of strata council members. It also requires the list to contain information that is not personal information including parking stall and storage locker numbers, if any, and unit entitlements.

Strata corporations should only collect and use the minimum amount of personal information that is reasonable for the operation of the strata corporation or to fulfill its obligations under SPA and other relevant legislation. Strata corporations should seek legal advice before creating bylaws that require owners, tenants, or guest to provide certain information. For example, the Civil Resolution Tribunal (CRT) and BC Supreme Court (BCSC) found a bylaw that required overnight guests to provide personal information including photo ID was not enforceable because it contravenes the PIPA. See Wong v. The Owners, Strata Plan BCS 435, 2020 BCCRT 53 and The Owners, Strata Plan BCS 435 v Wong, 2020 BCSC 1972.

To conduct business a strata will often have an owner’s home phone numbers, personal email addresses, and banking information. It might request names of occupants, information about pets and vehicles, or an emergency contact. There is likely no justifiable reason to collect drivers’ licence numbers, social insurance numbers, medical information, etc.

Owners and tenants have the right to ask why their personal information is being collected, how it’s used and who it has been disclosed to. For example, if a strata collects an owner’s licence plate number with their consent and notifies them that the strata will use it to enforce parking on strata property, then the strata can use and disclose that information for that purpose. They can do this because they have consent and the purpose is reasonable.

What personal information can the strata disclose?

The PIPA cannot be used as an excuse for not releasing information when required under the SPA. PIPA s. 18 lists circumstances where an organization may disclose personal information without the individual’s consent. Section 18(1)(o) says that an organization may disclose personal information if it is required or authorized by law.

For example:

• To provide an Information Certificate (Form B)
• In an emergency where disclosure is clearly in the interests of the particular individual, but consent cannot be obtained in a timely way
• When disclosure is necessary for a lawful investigation or proceeding
• Where disclosure is necessary for a strata corporation to collect a debt from, or a pay a debt to, the individual
• To provide documents listed in SPA s. 35 when requested by owners or authorized persons under SPA s. 36
• Where the individual’s personal information is already publicly available through public sources

SPA s. 36 is a mandatory disclosure provision: strata corporations must disclose documents and records upon request by owners or other authorized persons. As this disclosure is expressly authorized by SPA there is no authority under PIPA to redact personal information contained in correspondence. See What records must the strata keep to learn more about requests for records.

The strata may give personal information to a strata management company if it is disclosed solely for the purposes for which the information was originally collected. The information should be limited to what the strata management company needs to carry out work on behalf of the strata. The strata should ensure its contract with the property manager restricts their use of the personal information to the management of the strata corporation.

Under PIPA s. 23 a resident can request their own personal information that is under the control of the strata corporation. On request of an individual, the strata must provide the individual with the following:

(a) The individual’s personal information under the control of the organization

(b) Information about the ways in which the personal information referred to in paragraph (a) has been and is being used by the organization

(c) The names of the individuals and organizations to whom the personal information referred to in paragraph (a) has been disclosed by the organization

Can the strata provide a list of owners’ names and addresses?

As explained above, the PIPA s. 18(1)(o) allows the strata to disclose personal information if it is contained in a record the strata must retain under SPA s. 35. SPA s. 36 is mandatory. If an authorized person requests the “list of owners and tenants”, the strata must provide: a list of owners, their strata lot addresses and mailing addresses (if different than the strata lot address), parking stall and storage locker numbers (if any), unit entitlements, and names of tenants.

The strata corporation cannot provide personal email addresses or phone numbers unless the individual gives permission.

If a strata corporation wants to disclose additional contact information of owners, it must ensure that the disclosure is for a reasonable purpose and that the individual has consented to such a disclosure and for such a purpose.

Can an owner request copies of correspondence?

SPA s. 35 says the strata must keep copies of correspondence sent or received by the strata corporation and council. SPA s. 36 requires the strata to provide copies of correspondence within 2 weeks of a request. There is no provision in the PIPA or the SPA that authorizes the strata to withhold these records for privacy reasons.

Councils and managers are often hesitant to provide copies of correspondence citing privacy. However, PIPA s. 18(1)(o) allows the strata to disclose personal information if it is contained in a record the strata must retain under SPA s. 35.

When writing emails and letters be aware that others have a right to see them. A best practice is for owners and council members to be as professional as possible. Stay on topic. Remove angry outbursts, inappropriate comments, foul language, extraneous explanations, and any personal information that is not necessary for the purpose of the communication. Keep the language factual and polite: imagine that a neighbour, a manager, a judge, or a tribunal adjudicator is reading it!

Can the strata redact a complaint letter?

There is no provision in the PIPA or the SPA that authorizes the strata to redact records for privacy reasons. Numerous Civil Resolution Tribunal (CRT) decisions have applied PIPA s. 18(1)(o) to records requests under SPA s. 36, including requests for unredacted bylaw complaint letters. Those decisions all reached the same conclusion. Since disclosure under SPA s. 36 is mandatory, the strata cannot redact personal information from those records. For example, see CRT decisions:

MacFarlane v. The Owners, Strata Plan 761, 2024 BCCRT 220

The Owners, Strata Plan EPS 2409 v. Cao, 2020 BCCRT 466

Raitt v. The Owners, Strata Plan LMS 1087, 2022 BCCRT 279

Therefore, SPA s. 36 requires strata corporations to disclose unredacted written bylaw complaints on request.

Who can attend council meetings?

Unless Standard Bylaw 17 has been amended, “owners may attend council meetings as observers”. As they are observers, they can only speak if the chair of the council meeting permits them to. This bylaw doesn’t say whether tenants may attend.

However, Standard Bylaw 17 does not allow observers to attend any portions of council meetings that deal with bylaw contravention hearings or any other matters if the presence of observers would, in the council’s opinion, unreasonably interfere with an individual’s privacy. Although this bylaw may be amended by a 3/4 vote at an annual general meeting, the PIPA still applies.

Who can attend a hearing?

Owners and tenants may make a written request for a hearing under SPA s. 34.1 stating the reason for the request. A hearing is simply a chance to to speak to council (to “be heard”). If a hearing is requested, the council must hold a council meeting to hear the applicant within 4 weeks of receiving the request.

Who can attend depends on the nature of the hearing. Hearings are often held “in-camera” (in private) such as when the hearing is about a bylaw contravention or would unreasonably interfere with a person’s privacy. If an owner wants to speak to council about something that would not unreasonably interfere with a person’s privacy such as to report a maintenance issue or to propose a project, unless it says otherwise in the bylaws, there’s no reason why observers can’t attend.

Are strata councils allowed to hold “in-camera” meetings?

Yes. Where matters such as bylaw infractions or other matters that would unreasonably interfere with an owner’s privacy are to be discussed, the council may go “in-camera” (in private) during a council meeting. For example, if an owner requests an accommodation under the Human Rights Code, it would be appropriate to go in-camera while discussing the individual’s medical information.

The minutes should record that “council went in-camera at [time] to discuss a matter”. When that matter has concluded, the minutes should record that “council came ex-camera at [time]”. Any decision made in the in-camera session must be recorded in the public minutes but should include only the minimum amount of information required for legal purposes. For example, “It was moved by [name], seconded by [name] to fine strata Lot 15 $200 for a contravention of Bylaw 3(1)(a) for unreasonable noise on May 17, 2024.” Any detailed minutes of the in-camera portion of the meeting must not be circulated but may be required as evidence in a court or tribunal proceeding.

How should owners be referred to in meeting minutes?

SPA s. 35 requires stratas to keep minutes of annual and special general meetings and council meetings, including the results of any votes. For annual and special general meetings, Standard Bylaw 27 (4) says the outcome of each vote, including the number of votes for and against the resolution if a precise count is requested, must be announced by the chair and recorded in the minutes of the meeting. Standard Bylaw 18 (3) says the results of all votes at a council meeting must be recorded in the council meeting minutes.

Minutes of strata council meetings should provide an accurate and objective account of all decisions made by the strata council but need not include the exact discussions leading up to any votes. It’s important that the strata council minutes clearly document the resolutions and the outcome of any votes, including bylaw enforcement decisions and applications for altering a strata lot or the common property. When drafting minutes, the best practice is not to record personal information that is not necessary for business or legal purposes.

PIPA doesn’t say what personal information should or should not be included in a strata corporation’s minutes. Since minutes may be shared with individuals not living in the strata corporation, such as realtors and prospective strata lot owners, it’s important that the minimal amount of personal information is disclosed in the minutes. The Privacy guidelines for strata corporations and strata agents published by the BC Office of the Privacy Commissioner provides the following guidelines to help a strata corporation take meeting minutes in a way that protects an individual’s privacy:

• A person attending an annual general meeting (AGM) or a special general meeting (SGM) has provided implied consent to have their name, strata lot number, and/or unit number recorded in the minutes.
• If a strata council member or a guest (such as an owner) attends a strata council meeting, then the individual has provided implied consent to have their name, unit number, or strata lot number recorded in the minutes.
• The names of any authorized people in attendance at the meeting such as the strata manager can be noted in the minutes.
• The name, strata lot number, and/or unit number of each strata council member, who is not attending the meeting may also be recorded.
• If a strata council member makes or seconds a motion, then the individual has provided implied consent to have their name recorded in the minutes.
• Minutes of strata council meetings should record all decisions made by the strata council but need not include the exact discussions leading up to any votes.
• It’s a good practice for council meeting minutes to identify only the unit number or strata lot number of an owner or tenant (and not their name) in relation to sensitive matters such as bylaw violations or strata fee debts.

Can meetings be recorded?

Neither the SPA nor the PIPA say whether recording of meetings is allowed or prohibited. Some stratas pass bylaws to prohibit recordings or to set out conditions. Councils should act reasonably. If there is no bylaw, meetings should not be recorded by the strata corporation unless the majority of strata council members at a council meeting or a majority of owners at a general meeting pass a resolution in favour of allowing the meeting to be recorded with an audio or visual recording device.

However, PIPA only applies to the actions of an organization, not the actions of a private individual. Therefore, a strata corporation may wish to consider passing a bylaw forbidding any audio or visual recording device to be used at a strata council meeting or general meeting without the prior approval of the majority of eligible voters who are present in person or by proxy at the time that the vote is taken.

Can a strata corporation install video surveillance?

Video surveillance collects images which are considered personal information. The PIPA allows the use of video surveillance on strata property where the purpose is reasonable and appropriate in the circumstances.

Before installing or operating either a video surveillance or an access control system (electronic key fob entry), the strata corporation must pass a bylaw authorizing its installation and operation. A strata corporation must also have a comprehensive written privacy policy in place that governs the use of such systems and the personal information they collect.

The use of video surveillance for security purposes may be reasonable however using it to enforce minor strata bylaws is not. See the Office of the Information and Privacy Commissioner’s decision in Shoal Point Strata Council Order P09-02. Despite the findings in Shoal Point, it now appears that collection of video evidence to enforce bylaws may be permissible if there exists a legitimate reason and a well-drafted bylaw. See The Owners, Strata Plan BCS1964 (Icon 1 and 2) (Re), 2021 BCIPC 35 (this decision is currently under judicial review) which said:

Electronic surveillance should only be implemented after a thoughtful assessment of the need for it, in light of evidence as to its effectiveness, including whether alternatives are likely to be effective and the privacy impacts of the surveillance. It is, therefore, open to the Organization to conduct a privacy impact assessment, in future, to help it decide whether a reasonable person would consider electronic surveillance to be appropriate in the circumstances prevailing at that time.

Member-only resources

Log in to your account to access the following resources. *Indicates a resource for corporate members only.

• Creating a strata privacy policy (slides)
• Creating a strata privacy policy (webinar QA)*
• Privacy policy template for stratas (Word)*
• Privacy PIPA and strata FAQs