Burnaby Notary’s Privacy Policy

What is personal information?

The Privacy Policy describes the information that we have about you as a client or website visitor. According to the Personal Information Protection and Electronic Documents Act (PIPEDA), your “personal information” includes the following: your age, name, identification numbers, income, ethnic origin, opinions, comments, social status, disciplinary actions, credit records, loan records, medical records, or intentions. Your personal information will be kept securely in Canada.

You Consent to being contacted by a notary

You agree that by sending an email, completing a form on the website, or making phone calls, you consent to be contacted by Paul Williams, Notary Public.

What the website knows about you

The website uses cookies that collect information about computers that visit our website (happylaw.ca). By visiting the website, the following information is captured: the type of internet browser that you use, the domain name of the site that referred you, the duration of your visit, the time of day, the city you reside in and the number of times you visited the website. The website is not able to detect specific information about you, such as your name, phone number and email address unless you choose to provide it to us using a form on the website.

How long a notary may Retain your estate planning records?

Depending on the type of estate planning instrument that you need, the website form on the website may ask your name, phone number, and email address so either a Notary or legal staff may contact you. Your legal representative will contact you using an online interview, video-conferencing, or telephone interview, depending on your comfort. Generally, your Notary will keep your data for ten years. This information remains confidential between you and your legal representative unless a court requests it. On a request from a lawyer, your legal representative will consult with his own attorney to determine the next best steps.

Will your notary release your records to outside parties?

The information that you provide to a Paul Williams, Notary Public, remains confidential. Your family members and others cannot request your records unless they have a court order. On a request from a lawyer, the Notary will forward a written request to legal counsel and advise you of the request.

Why do notary’s ask so many questions?

The main reason a Notary will ask detailed questions is to protect your interests because, after you pass, family members may have questions about the Will or Power of Attorney, or Representation Agreement for example. In terms of your Will, the court remains concerned to ensure that you made the decisions with a sound mind, understanding what you were doing and your responsibility to others. The court may request your records to determine if the Will or Power of Attorney was made without pressure (or undue influence) from others and that no suspicious circumstances were involved. By providing your personal information and details to your legal representative, you get a Will, Power of Attorney or Representation Agreement that matches your wishes. Even on the death of a Notary, the Society of Notaries Public will provide the records to the court.

Are my records being stored in other countries?

Your personal information is stored in Canada.

How long will a Notary keep my records on file?

Building contract	6 years after substantial completion
Commercial conveyance	10 years after closing
Easement	10 years after completion
Encroachment settlement	6 years after settlement
Executor files	10 years from date of distribution
Foreclosure	6 years after Order Absolute, property sold, judgement satisfied, or instruction received from client to stop proceedings.
Health care directives	10 years from daet of revocation
Lease, sublease, licence to occupy	6 years after lease has expired including any renewal
Mortgage / debenture	6 years after expiry of mortgage term
Notarizations	2 years from date of issue
Phased strata development	6 years after completion of the sale of all the property in the final phase
Powers of attorney	10 years from date of revocation
Real estate prospectus	6 years after sale of all the property covered by prospectus
Representation agreements	10 years from date of revocation
Residential conveyance	10 years after state of title certificate
Review of title and opinion	6 years from giving an opinion, unless opinion leads to an action
Subdivision, single plan strata development	6 years after completion of the sale of all the property
Option to purchase, right of first refusal	6 years after the options expire or are exercised
Building contract	6 years after substantial completion

You may contact the Privacy Officer if you have any questions about the retention of your client records. Please make your request in writing to the attention of:

Privacy Officer
Paul Williams Notary Corporation
501 – 3292 Production Way
Burnaby, B.C., V4A 4R4