Bylaw officers now using drones
West Nipissing has a new surveillance tool.
Last month, a West Nipissing homeowner was shocked to find bylaw officers standing outside his property with remote controls in their hands. After speaking to the officers, the resident learned that they had been instructed to take aerial photos of his property using Remotely Piloted Aircraft Systems (RPAS), otherwise known as drones.
According to this homeowner who has chosen to remain anonymous, the city representative did not deny what they were doing. But they would not tell him what they were looking for or the purpose of their investigation.
In Canada, any drone that weighs more than 250 grams (most commercial surveillance drones) must be registered and can only be operated by someone with a drone pilot certificate.
In 2022, Leamington, Ontario became one of the first municipalities to start using drones. When they launched their new surveillance tools, they got the approval of their town council and the city said that members of their staff underwent extensive training to start using the technology.
The topic of drones in West Nipissing has not yet been discussed at council or at any committee meetings. There has never been any announcement to the public on the matter.
The Leamington decision was met with lots of criticism and skepticism regarding privacy rights. Since 2022, it does not appear that any other municipality has publicly declared using drones for bylaw enforcement.
Privacy Concerns
In Canada, anyone operating a drone must always have an eye of sight of the equipment. Meaning someone cannot send a drone out further than they can see to conduct remote surveillance.
The law also specifies that drones cannot fly higher than 400 feet. Current privacy laws in Canada are ambiguous on the topic but generally any activity that reasonably interferes with someone’s ability to enjoy their property is illegal. Most would agree that a low flying drone most definitely fits that definition.
The current consensus in Canada is that law enforcement should be obligated to get a warrant if they conduct targeted surveillance on private property with a drone. In this case, it does not appear like West Nipissing representatives obtained such a warrant.
The use of remote surveillance is sure to play an important role in West Nipissing where many properties are forested and with limited road access.
I contacted municipal staff as well as council to inquire on their drone surveillance policy and how frequently they have used the technology so far. I also asked how many drones the city owns and how many officers are certified to use them. At the time of writing, only councillor Kris Rivard has responded. Rivard, a well known drone enthusiast, specified via email that his drones have not been involved in any surveillance work by the city yet but did not provide additional details on the program.
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If the surveillance drone is fitted with a camera that changes everything because the use of a camera may rightfully be considered spying and gathering evidence without a warrant. And why does WN need this particular surveillance tool? The only other municipality in Ontario to use drones began their surveillance project in 2022 at the peak of the pandemic panic. This mayor and council cannot continue to act as a secret society.
We are certainly glad it won't be our money wasted on the equipment undoubtedly headed for forest, fields and swamps trashed by the lead fragments that infected them. Once we receive our requested comprehensive breakdown of our municipal contributions expected for review we will be sure to stoke that equipment off the bill as well. It's probably projects like this is the reason your local leadership you fund refuse to operate in a transparent manner. Time will tell. Until then eyes to the sky and beware lead infections.