Monday, 16 February 2026
About whether BMPTA and or its individual is “allowed” to name our building’s maintenance worker / caretaker / janitor — or even post the occasional photo taken from the public sidewalk in front of the building — when we report or discuss maintenance issues, incidents, or service quality on this site.
The short answer is: Yes, both are completely legal in British Columbia. We are not breaking any privacy laws by using the name or a publicly-taken photo of a public-facing employee (or the building itself) when we describe real events or share our experiences as residents.
Here’s the clear legal breakdown – with specific British Columbia and Supreme Court of Canada case law that directly protect exactly this kind of resident commentary and photography:
1. The Privacy Act (RSBC 1996, c 373) Does NOT Prohibit Naming or Public Photography
Section 3 (use of name/portrait for advertising) only applies to commercial exploitation. Our blog is not using names and or pictures of employees as advertising or selling anything → it does not apply.
Section 1 (general violation of privacy) also does not apply to:
- a publicly-visible name (name tag, directory, verbal introduction), or
- a photo taken from a public sidewalk or street, even if the caretaker or building entrance is clearly visible/identifiable.
British Columbia courts have consistently ruled there is no reasonable expectation of privacy for anything (or anyone) that is openly observable from a public place.
Key case law on public photography:
- Heckert v. 5470 Investments Ltd., 2008 BCSC 1298 – Privacy Act claim dismissed where photos and video were taken of openly visible activities → claim dismissed; no reasonable expectation of privacy in public-view matters.
- Nesbitt v. Neufeld, 2010 BCSC 1275 – similar dismissal for surveillance of public-view conduct.
- Watts v. Klaemt, 2007 BCSC 766 – neighbour took photos of another neighbour’s property from public road → Privacy Act claim failed.
- The leading photography-law resource for Canadian photographers (AmbientLight.ca) states clearly that in BC “there is no reasonable expectation of privacy in a public place” and the Privacy Act has never been successfully been used against ordinary public photography or non-commercial publication.
In practice: street photographers, journalists, bloggers, and residents across Canada (including BC) post thousands of public-space photos every day without issue. A photo taken from the sidewalk showing the caretaker sweeping (or not sweeping) the front steps, the garbage area, or a broken entrance light is 100 % lawful to publish on a non-commercial resident blog.
2. PIPA (Personal Information Protection Act) Still Does Not Apply
The journalistic / literary exemption (s. 3(2)(b)) covers resident commentary, reviews, and photos that inform the community about building conditions and staff performance. OIPC guidance to stratas and resident groups confirms this.
3. Defamation / Harassment Remains the Only Real Risk (Applies to Both Text and Photos)
The same defences (truth, fair comment, responsible communication on public-interest matters) protect photos every bit as much as written words.
Supreme Court of Canada cases like WIC Radio v. Simpson (2008), Grant v. Torstar (2009), and Hansman v. Neufeld (2023) make it clear that strong criticism — including photos that illustrate the criticism — about services that affect residents pay for is among the most protected expression in Canadian law.
If a photo is used to harass or is completely unrelated to job performance (e.g., following someone home and photographing their private life), that could be a problem. A photo taken from the public sidewalk showing the actual condition of our building or the caretaker at work is not the case.
Why We Will Continue to Use Names and Public Photos When They Are Relevant
Transparency is most effective when residents can see and read exactly what is (or isn’t) happening. A vague post saying “the front entrance was dirty again” is easy to ignore. A post that says “On November 10, caretaker John Doe left the garbage overflowing for three days – here is the photo I took from the sidewalk” is impossible to brush off.
We will always:
- Take photos from genuinely public space (sidewalk, street) and in the common area of the building
- Use them to illustrate legitimate management, tenancy, and building-maintenance issues
- Keep criticism to job performance, illegal conduct on the job, not employees private lives (as we do not know or care to know about those things).
But BMP Residents and the BMPTA will not self-censor names or public photos.
The Agency via BMTA’s agent “Q” are ready, willing, and able to respond to take down notices, to investigate. moderate content and uphold the rights of tenants, and community stake holders.
Resident associations, strata councils, and individual owners in BC have been doing exactly this for decades — in newsletters, blogs, Facebook groups, and even in formal strata hearing evidence — without ever losing a Privacy Act case over it.
This site is here to give residents a voice, and both the statutes and decades of case law are squarely on our side.
Have a photo or story? Send it in. We’ll post it — legally and fearlessly.
– The BMPTA Team (Unincorporated, unafraid, and fully informed about BC law governing publications.)