Facial Recognition in Quebec Condos Under Bill 25: Legal?

Facial recognition is attracting more and more attention in residential buildings. In divided co-ownership, the question often comes up: can it be used to control access without contravening Bill 25? Here is an up-to-date overview as of 2026-07-06, to help a board of directors assess the risks and compliance requirements.

Biometrics directly affect the privacy of co-owners and occupants. They involve sensitive personal information. Before signing a contract with a supplier, you must confirm the Quebec legal framework, internal governance (annual general meeting, by-laws of the immovable, declaration of co-ownership) and the technical measures to be implemented.

Bill 25 and the Civil Code of Quebec: the framework applicable to biometrics

Bill 25 modernizes the protection of personal information in Quebec. In the private sector, it amends the Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1). This legislation notably requires:

• A person responsible for the protection of personal information within the syndicate.
• A privacy impact assessment (PIA) for any project involving personal information, particularly biometric technology.
• Minimization principles: collect only what is necessary, for specific and legitimate purposes.
• Security measures proportionate to the sensitivity of the data and the management of confidentiality incidents.

Biometric templates (facial measurements transformed into identifiers) are sensitive personal information. Their collection requires serious justification, thorough documentation and, in practice, informed consent that is difficult to obtain in a residential setting when less intrusive solutions are available.

Under the Civil Code of Quebec (C.c.Q.), the syndicate administers the co-ownership, preserves the building and ensures respect for everyone’s rights in the common portions and private portions. Decisions of the meeting of co-owners are subject to majority rules that vary depending on the impact (e.g., simple majority, qualified majorities). Introducing a facial recognition system may, depending on the circumstances, require an amendment to the by-laws of the immovable, or even to the declaration of co-ownership (DCV) if the use of the common portions is substantially affected.

• Private-sector legislation (Bill 25, P‑39.1): consult the legislation on LégisQuébec: https://www.legisquebec.gouv.qc.ca/fr/document/lc/P-39.1
• Civil Code of Quebec (co-ownership): https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991

Is it legal to install facial recognition at access points?

The short answer: only if it is necessary, proportionate and properly governed. The key points for the board of directors to consider are:

• Real necessity: demonstrate a persistent and documented security problem (intrusions, thefts, damage) that less intrusive solutions have not resolved (badges, electronic keys, temporary codes, non-biometric cameras).
• Proportionality: biometrics must not go beyond the minimum intrusion required. A well-managed conventional access-control system is often sufficient.
• Limited purposes: use must be strictly for access; not for attendance tracking, profiling or disciplinary management.
• Minimal collection: do not store complete images if an encrypted template is sufficient. Avoid unnecessary centralization.
• People affected: consider visitors, delivery personnel, children and people who refuse for legitimate reasons. Always provide a non-biometric alternative.
• Transparency: post clear information at access points and provide written notice describing the purposes, retention periods, the contact information of the person responsible, and access and rectification rights.

If these conditions are not met, the installation risks being considered excessive under Bill 25. Even with a thorough PIA, a less intrusive solution generally remains preferable in a residential building.

Syndicate governance: board of directors, annual general meeting, by-laws and declaration of co-ownership

A facial recognition project cannot be managed solely through a supplier contract. Internal governance must be beyond reproach.

• Board resolution: mandate a PIA, establish the project’s parameters, and set success and removal criteria.
• Information and consultation with co-owners: present the project, risks and alternatives at an information session and at the annual general meeting. File the relevant documents and record the discussions in the minutes.
• By-laws of the immovable and declaration of co-ownership: if the by-laws of the immovable already govern access and surveillance, an amendment may be required to authorize or clarify the use of biometrics. Depending on the impact on the use of the common portions or on rights, the applicable majorities under the C.c.Q. may vary (simple majority, qualified majority, or even increased requirements for a substantial amendment). Refer to the relevant provisions of the C.c.Q. and your declaration of co-ownership.
• Equal access: provide an alternative for anyone who refuses biometrics, without undue penalty, to avoid indirect discrimination.

To equip your board of directors, see our Services pages, including administrative management, for holding annual general meetings, drafting policies and maintaining records: https://www.multirent.ca/services/#gestion-administrative

Practical compliance: PIA, minimization, security and contracts

Before any deployment, conduct a complete Privacy Impact Assessment (PIA). This process helps confirm necessity, identify risks and propose mitigation measures. Concrete checkpoints include:

• Legal basis and purposes: clearly define the purpose as “access control” and exclude any secondary purpose.
• Minimization: use an encrypted biometric template rather than a facial image; avoid retaining data on external servers when unnecessary.
• Retention period: set a short period linked to the occupancy cycle; erase templates as soon as an occupant leaves.
• Technical security: encryption in transit and at rest, access segmentation, logging, and robustness testing against tampering and impersonation.
• Supplier contract: clauses covering confidentiality, subcontracting, server location, deletion deadlines, audit rights and notice in the event of an incident.
• Individuals’ rights: procedures for access, rectification and withdrawal, with an access alternative that does not use biometrics.
• Incident management: an action plan and notifications in accordance with P-39.1 in the event of a serious risk of harm.
• Transparency: notice posted at entrances, a reference in the by-laws of the immovable, and documentation made available to co-owners upon request.

Refer to the legal framework for information technology for evidentiary value and requirements related to technological documents: https://www.legisquebec.gouv.qc.ca/fr/document/lc/C-1.1

Documenting and proving necessity

• Keep a security incident register for a sufficient period.
• Record the non-biometric solutions tested and their limitations.
• Prepare a PIA summary to share with co-owners.
• Establish performance indicators (e.g., reduction in intrusions) and a review schedule.
• Include a deinstallation clause if the objectives are not met.

For co-ownership governance guidance, consult the RGCQ resources: https://rgcq.org/

Alternatives and best practices if you decide against biometrics

The best way to respect privacy is often to avoid biometrics when other solutions meet the need:

• Access control using cards or badges, with rigorous management of losses and revocations.
• Secure mobile credentials (NFC/BLE), with two-factor authentication for sensitive areas.
• Smart locks for certain private doors, without interconnection with common-portion data.
• Cameras in the common portions with limited angles, short retention and restricted access, without facial recognition.
• Procedures: lighting, self-closing doors, visitor and delivery policies, and maintenance rounds.
• Training for concierge staff and the board of directors, and clear posting of access rules.

Record the equipment and maintenance in the maintenance logbook (EUC) and plan the budget under common expenses. A project of this type generally falls under the operating fund; confirm with your professionals before considering any assessment or use of funds.

To structure your project and budgets, see our services: https://www.multirent.ca/services/ and our Packages page: https://www.multirent.ca/#forfaits

FAQ – Facial recognition in divided co-ownership (Quebec)

Q1. Can all co-owners and tenants be required to enrol?

A. Requiring biometric enrolment without an alternative presents a high legal risk. Providing a reasonable, non-punitive alternative is strongly recommended to respect Bill 25 and rights of use in the common portions.

Q2. Can facial recognition be used to record attendance at the annual general meeting?

A. Not recommended. The purpose of “access control” does not justify tracking attendance by name. Other methods are available: attendance register, proxies, manual identity verification, followed by recording everything in the minutes.

Q3. How long can templates be retained?

A. For the absolute minimum. Set a period linked to occupancy and erase the template immediately when someone leaves. Document these rules and apply them uniformly, supported by deletion logs.

Key legal sources:

• P‑39.1 – Act respecting the protection of personal information in the private sector: https://www.legisquebec.gouv.qc.ca/fr/document/lc/P-39.1
• C.c.Q. – Provisions on divided co-ownership: https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
• Legal framework for information technology (C‑1.1): https://www.legisquebec.gouv.qc.ca/fr/document/lc/C-1.1
• RGCQ – Co-ownership resources and best practices: https://rgcq.org/

In summary, facial recognition in divided co-ownership should be considered only when necessity and proportionality have been demonstrated and compliance has been built in from the design stage. Often, less intrusive alternatives will provide an adequate level of security with fewer risks and less friction for your occupants.

This article provides general information and does not constitute legal advice. Consult a lawyer or notary for your situation.

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