French-fry-related fine must be reversed, B.C. tribunal rules

A French fry that has fallen out of its container is shown in this photo. (Credit: Shutterstock)

B.C. condo owners were fined $200 for breaching a bylaw because their tenant dropped a single French fry in the elevator lobby, according to a decision from the province’s Civil Resolution Tribunal.

The owners of the condo were challenging the French-fry-related fine, as well as another one for the same amount, on the grounds that evidence of the bylaw breaches was obtained from CCTV video – violating provincial privacy legislation.

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

BCFS was asking the tribunal to find the fines were invalid and to order the strata to “stop using CCTV recordings to monitor residents and enforce its bylaws,” according to the decision.

The strata, for its part, argued the fines were valid and that the tribunal did not have jurisdiction to weigh in on the privacy issues.

The issue of the CCTV video came up when tenants disputed the pair of fines – one for “dropped food” and another for “loud noises,” the tribunal’s decision explains.

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

It was only when reviewing the recordings that BCFS realized the complaint about dropped food was based on the errant French fry.

In September of 2022 – once BCFS realized the complaints were based on CCTV video – the company contacted B.C.’s Office of the Information and Privacy Commissioner to inquire about whether the Personal Information Protection Act was in play.

“The PIPA governs how private organizations, including strata corporations, can collect, use, and disclose an individual’s personal information,” the decision says.

“Generally speaking, organizations must be authorized to collect, use, and disclose personal information with prior notice and either express or implied consent.”

In May of 2023, the OIPC wrote to BCFS and the tenants and said using CCTV footage to enforce bylaws was contrary to the legislation. The tribunal found the fines were “significantly unfair” because of this.

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

However, the tribunal also found it could not order the strata to stop using its CCTV video in this manner, noting that the OPIC has “exclusive” jurisdiction to order organizations to stop “collecting, using, or disclosing personal information.”

The strata was ordered to reimburse BCFS $400 in bylaw fines, as well as pay the company $225 for tribunal fees and $38.99 in pre-judgment interest.