Canadian Photography Laws » Overview » 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 doingAlthough 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 |
| Where you take the photoAlthough 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 |
| Any private property that has a “no photography allowed” sign, or that you have been told by the owner not to take photographs. Trespassing |
| Any property that is privately owned, but open to the public, like malls, galleries, etc. Although you should ask before taking photos, if there are 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. |
| Any 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. |
I am not a lawyer, and this is not legal advice. For more information, see the Disclaimer.