Hamilton moves to stop regulating home security cameras under its Fortification By-law after complaints rose to about 171 a year

What the committee approved

Hamilton's Planning Committee voted 7 to 0 on September 29, 2026, to approve an amendment to Fortification By-law 10-122 removing video surveillance equipment from the definition of "excessive protective elements", and directed staff to prepare the amending by-law for Council to enact, according to the committee's minutes. Three delegations spoke to the item, and four written submissions were received.

Why staff recommended it

Council enacted the Fortification By-law in 2010 to deal with heavily fortified properties whose features, such as fortified fencing and heavy steel doors, could block emergency access. Its definition also covered surveillance systems able to monitor beyond a property line. Staff Report PED25276(b) says the by-law has increasingly been applied to complaints about cameras, which it was not meant to regulate.

• Building Division complaints rose from about 11 in 2012 to about 171 in 2023, the majority about cameras and neighbour disputes.
• Staff say the camera provisions are legally vulnerable and susceptible to Charter challenges on freedom of expression.
• Enforcement has required detailed analysis of camera positions and fields of view, and Provincial Offences charges have been unsuccessful.
• Staff say cameras do not affect emergency access, the by-law's core purpose.

A scan of 13 municipalities in the report found Markham, Niagara Falls, Oakville, Ottawa, St. Catharines and Toronto have no such by-law; Brampton and London do not enforce camera provisions on public complaint; and Vaughan removed its camera reference in 2024. Staff rejected an alternative of exempting some camera types, saying it would not fix the legal and enforcement problems.

What residents are told now

The report proposed a web page modelled on Toronto's, and the City's "Security Cameras on Private Property" page, dated October 7, 2026, states that the City does not investigate or enforce concerns about security cameras on private property. It suggests talking to the neighbour, community mediation or legal advice, and contacting Hamilton Police Service if a camera is being used for criminal activity or harassment.

The page's best practices for camera owners include positioning cameras to avoid recording neighbouring properties, not recording audio beyond the property, considering a sign, limiting access to recordings, and using strong passwords and updated software.