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
You agree that by sending an email, completing a form on the website, or making phone calls, you consent to be contacted by a 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, you 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.
Retaining your records for estate planning
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 Public or legal staff may contact you. Your Notary Public will contact you using an online interview, video-conferencing, or telephone interview, depending on your comfort. Generally, your Notary Public will keep your data for ten years. This information remains confidential between you and a Notary Public unless a court requests it. On a request from a lawyer, a Notary will contact the Society of Notaries Public of British Columbia to review the matter.
Will you release my information to outside parties?
The information that you provide to a 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 the Society of Notaries Public of BC. The main reason a Notary Public 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, 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 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 a Notary Public, you have a documented account of 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 are other records kept?
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 |
How to request information
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 OfficerPaul Williams Notary Corporation
501 – 3292 Production Way
Burnaby, B.C., V4A 4R4