Administrative Order 2017-006-ADM — Respecting CCTV Operations — full text

This is the exact embedded text of the captured official document. Snapshot 2cdb528724e9 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Halifax Regional Municipality Administrative Order Number 2017-006-ADM Respecting Video Recording On Municipal Property WHEREAS the Council wishes to provide a framework for the effective management of video recording on municipal property and municipal assets; BE IT RESOLVED AS AN ADMINISTRATIVE ORDER of the Council of the Halifax Regional Municipality under the authority of the Halifax Regional Municipality Charter, as follows: Short Title 1. This Administrative Order may be known as Administrative Order No. 2017-006-ADM, the Video Recording Administrative Order. Purpose 2. The purpose of this Administrative Order is to enhance the safety and security of employees, members of the public and municipal property while minimizing privacy intrusion. The appropriate use of video surveillance, combined with other safety and security measures, is a necessary and effective means of achieving these purposes. 3. This Administrative Order establishes requirements and responsibilities with respect to: (a) the installation and operation of CCTV on municipal property and in municipal assets; and (b) the collection, use, custody, control, retention, disclosure and deletion of digital recordings. Interpretation 4. In this Administrative Order, (a) "Access & Privacy Officer" means the responsible officer under Part XX of the Municipal Government Act, S.N.S. 1998, c. 18, or his or her delegate; (b) "business unit" means an administrative unit of the Municipality responsible for the delivery of those services assigned to the unit from time to time by the CAO; (c) "CAO" means the Chief Administrative Officer of the Municipality, or his or her delegate; (d) "CCTV" means closed circuit television cameras, monitors, and associated equipment that allow for remote viewing of images and/or audio captured within the field of vision of the cameras; (e) "contractor" means a corporate entity, or an individual, performing work on behalf of the Municipality under contract; (f) "Corporate Security" means the business unit of the Municipality, or section thereof, assigned responsibility for the safety and security of municipal property and municipal assets by the CAO; (g) "Council" means the Council of the Municipality; (h) "covert video surveillance" means the use of hidden or non-disclosed CCTV for law enforcement purposes, to respond to a specific threat to the safety and security of employees, visitors, or municipal property, or to assist with internal investigations; (i) "digital recordings" means the images, data and associated records created and retained as a result of the municipality's use of CCTV; (j) "Director" means an employee of the Municipality designated by the CAO to manage a department, or his or her delegate; (k) "employee" includes any person categorized as permanent, term, full-time, part- time, casual, contract, seasonal, temporary or student worker in the employ of the municipality, as well as volunteers, but it does not include a member of the Halifax Regional Police or the Royal Canadian Mounted Police; (l) "FOIPOP" means Part XX, Freedom of Information and Protection of Privacy, of the Municipal Government Act, S.N.S. 1998, c. 18; (m) "Halifax Transit Security" means the division of Halifax Transit assigned responsibility by the CAO for the safety of security of municipal property and municipal assets used as part of a passenger's contiguous trip on the Halifax Transit system; (n) "internal investigation" means an investigation undertaken by the municipality where alleged improper conduct by an employee has been identified, including actions or omissions that are in breach of municipal policies, procedures or work-related instructions; (o) "Municipality" means the Halifax Regional Municipality; (p) "municipal assets" includes vehicles, buses and ferries owned or leased, and operated directly by, the municipality; (q) "municipal property" means any real property owned or leased, and operated directly by, the municipality, including buildings, parks, and recreational facilities; (r) "personal information" has the same meaning as "personal information" in section 461(f) of FOIPOP; and (s) "secure" means to copy a portion of a digital recording to an external storage device such as a hard drive or flash drive. Application 5. This Administrative Order applies to CCTV on all municipal property and municipal assets. 6. This Administrative Order does not apply to CCTV or other recording devices used by the Halifax Regional Police, or to the digital records produced as a result of the operation of such devices and their use by the Halifax Regional Police. 7. This Administrative Order does not apply to CCTV installed for the purpose of traffic management, including for the enforcement of traffic laws or regulations. 8. This Administrative Order does not apply to covert video surveillance. 9. Nothing in this Administrative Order limits the CAO's ability to develop and implement policies relating to the use of digital recordings for the management of employees. Guidelines for Installation of CCTV 10. (1) Subject to subsection (2), the decision to install CCTV on municipal property or in municipal assets shall be made by Corporate Security, in consultation with the applicable Director. (2) The decision to install CCTV on Halifax Transit busses or ferries shall be made by Halifax Transit Security, in consultation with the Director of Halifax Transit. 11. (1) When considering the installation of CCTV on municipal property or in a municipal asset, the following criteria shall be considered and documented by Corporate Security or Halifax Transit Security, in consultation with the applicable Director and the Access & Privacy Officer: (a) the existence of demonstrated and significant safety or security concerns at the location, or at similar locations to the location, where placement of CCTV is being proposed; (b) what measures, other than the installation of CCTV, are available to address identified safety or security concerns; (c) whether measures other than the installation of CCTV would be effective in addressing the identified safety or security concerns; (d) the effect that the proposed placement of CCTV may have on personal privacy, and the ways in which privacy intrusion can be minimized; (e) the operational requirements of the business unit; and (f) any other criteria deemed relevant by the CAO. (2) The Access & Privacy Officer shall recommend whether a full Privacy Impact Assessment is required. 12. Where circumstances require the immediate installation of CCTV, the criteria in section 11 shall be reviewed as soon after installation as is practicable and adjustments, up to and including removal, will be made if required in respect of the installation once the review is complete. 13. (1) Where CCTV is permanently installed on municipal property or a municipal asset, Corporate Security or Halifax Transit Security shall post signage in a conspicuous place in close proximity to the CCTV, advising employees and members of the public that the area is monitored by CCTV, the authority for doing so, the principle purpose(s) for which the digital recordings is intended to be used, and the telephone number of someone who can answer questions about the collection of digital recordings. (2) Notwithstanding (1), if a sign cannot physically be posted in a conspicuous place in close proximity, it shall be posted in the general vicinity. (3) Where a number of CCTV devices are placed in a location, it shall be sufficient to display a single sign in a conspicuous place at or near the entry point advising those entering the location that it is being monitored by CCTV. 14. CCTV shall not be installed in areas where employees or members of the public have a higher expectation of privacy, including washrooms or change rooms. 15. CCTV shall, to the extent possible, be focused on the location identified as having safety or security concerns, and the ability to adjust or manipulate CCTV to overlook spaces not intended to be monitored shall, to the extent possible, be restricted. 16. To the extent possible, video displays of digital recordings should not be located such that the public or unauthorized staff may view the images. 17. CCTV may operate at any time in a twenty-four hour period. 18. Corporate Security and Halifax Transit Security shall maintain an inventory of all CCTV installations under their control. Guidelines for use of digital recordings obtained through CCTV 19. Digital recordings may be used by the Municipality to: (a) enhance the safety and security of employees, contractors and members of the public who are on municipal property or municipal assets; (b) safeguard municipal property and municipal assets; (c) detect and deter criminal activity by providing law enforcement agencies with evidence related to possible unlawful activities; (d) manage risk to the Municipality, including workplace accidents and/or injuries, incidents, complaints, claims or potential claims involving the Municipality; and (e) undertake internal investigations, as authorized by the CAO. 20. Directors may request that Corporate Security or Halifax Transit Security secure digital recordings from an identified time and location for any of the purposes set out in section 19. Custody and Control of Digital Recordings 21. The Municipality is responsible for the custody and control of digital recordings. 22. CCTV recording equipment shall be located such that only individuals authorized by Corporate Security or Halifax Transit Security may access the equipment. 23. All wireless transmissions of digital recordings shall be encrypted. 24. (1) Corporate Security or Halifax Transit Security, in consultation with the applicable Director, may designate employees or contractors who are authorized to access CCTV and digital recordings for the purpose of monitoring CCTV at a given location. (2) Corporate Security or Halifax Transit Security may designate employees or contractors who are authorized to: (a) retrieve, download, view and/or secure a digital recording; (b) perform maintenance and repairs on CCTV. (3) Corporate Security and Halifax Transit Security shall maintain a list of authorized individuals designated pursuant to subsections 24(1) and 24(2). 25. The CAO shall develop procedures for accessing, securing, using, maintaining, and storing digital recordings. 26. Corporate Security and Halifax Transit Security shall maintain records regarding the access, security, use, maintenance, and storage of digital recordings. Third Party Access to Digital Recordings 27. Third parties may request access to digital recordings in the following manner: (a) an application pursuant to FOIPOP; (b) as part of a legal action against the Municipality; or (c) by way of a court order or otherwise as provided for by law. 28. Law enforcement personnel may request access to digital recordings for law enforcement or investigative reasons by contacting Corporate Security or Halifax Transit Security. 29. A statutory body may request access to digital recordings pursuant to its legislative authority. 30. A third party who is given access to digital recordings may be required to acknowledge his or her duties, obligations and responsibilities with respect to the confidentiality, use and disclosure of the digital recordings in writing. 31. Any unauthorized access to digital recordings or CCTV shall be reported to the Access & Privacy Officer for investigation. 32. (1) Any employee who provides digital recordings to unauthorized parties, either as a result of intentional wrongful disclosure or disclosure caused by negligence, may be subject to disciplinary action, up to and including dismissal. (2) Any contractor who provides digital recordings to unauthorized parties, either as a result of intentional wrongful disclosure or disclosure caused by negligence, may be subject to termination of their contract. Retention and Disposal of Digital Recordings 33. The CAO may develop retention periods for digital recordings, including the length of time such recordings are to be maintained, and may develop different retention periods for those digital recordings that have been secured. 34. (1) Digital recordings that have been secured by Corporate Security or Halifax Transit Security in response to a request pursuant to section 20 shall be retained by the business unit in accordance with the legal and records management requirements of the request. (2) Notwithstanding (1), where digital recordings that have been secured in response to a request pursuant to section 20 are subsequently used to make a decision that directly affects an individual, they shall be retained for a minimum of one year. 35. Digital recordings for which no request to secure has been received by Corporate Security or Halifax Transit Security shall not be retained for longer than 30 days. 36. Digital recordings shall be disposed of in a manner that ensures that personal information is erased and cannot be retrieved or reconstructed. Disposal methods may include shredding, burning, or erasing depending on the type of storage device. Transition 37. The Guidelines for Installation of CCTV do not apply to CCTV installed prior to the adoption of this Administrative Order until three years from the coming into force of this Administrative Order. Done and passed in Council this 31st day of July, 2018. Mayor Municipal Clerk I, Kevin Arjoon, Municipal Clerk of the Halifax Regional Municipality, hereby certify that the above-noted Administrative Order was passed at a meeting of Halifax Regional Council held on July 31, 2018. Kevin Arjoon, Municipal Clerk Notice of Motion: July 17, 2018 Approval: July 31, 2018