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FREQUENTLY ASKED QUESTIONS

Topics:          General          Records          Corporate

GENERAL

Does the Office of the General Counsel give legal advice to individual faculty, staff, or students?

No, a legal counsel in the Office of the General Counsel may only represent and provide advice to the University itself. This includes the representation or provision of advice to faculty, staff, or students who are also employed by the University, for matters arising out of the scope of their employment, but does not extend to representation or advice with respect to faculty or staffs personal activities.

If you require legal advice in connection with your personal activities, which do not relate to the business or activities of the University, you will need to seek personal legal advice.

A list of free and low-cost legal services may be found .

Are my discussions with legal counsel confidential or subject to solicitor-client privilege? 

The principle of solicitor-client privilege (SCP) generally protects the legal advice provided by the Office of the General Counsel's lawyers to 間眅埶AV employees by keeping their communications confidential and safeguarding them from third-party disclosure. However, as 間眅埶AV as a whole is considered the 'client', SCP may not protect communications from disclosure within 間眅埶AV. In certain situations, information may be disclosed to senior decision-makers. For instance, if an employee engages in conduct that is dishonest, criminal, fraudulent, or inconsistent with 間眅埶AV's mission, we may need to escalate the matter accordingly. If the President requests information about a confidential conversation between an 間眅埶AV member and the Office of the General Counsel's legal counsel, we are obliged to comply with the request.

What should I do if I receive legal process documents, such as a notice of claim against the university?

If a process server or other person asks you to accept service of legal papers, please direct that person to the Office of the General Counsel at 8888 University Drive, Strand Hall 3000, Burnaby, BC V5A 1S6.

Where can I go for copyright information and support?

Please visit the  of the university.

Can I hire an external lawyer for a university matter?

Except for research and technology transfer matters, the Office of the General Counsel provides legal advice in regards to the full scope of the Universitys activities. Please contact the Office of the General Counsel to discuss if you believe that your work may require the services of external legal counsel. The Office of the General Counsel will determine whether the matter can be handled more effectively by legal counsel in the Office of the General Counsel or by external legal counsel. Only the Office of the General Counsel can retain external legal counsel to provide services to the University or its units, which it does per this process (subject to any exceptions detailed in that process); this is required to manage costs of external legal counsel, which can be very expensive, and to ensure that the University is given consistent, high-quality advice.

Can I sign a contract on behalf of the university? 

Unless your role is named in the Universitys policy B 10.11 or its procedures, no. This is because under the University Act (RSBC 1996, c.468), the authority to enter into agreements on behalf of the University is given to the Universitys Board of Governors. This authority is delegated by the Board of Governors only to certain University administrators pursuant to the Universitys policy B 10.11.  

If your role has been delegated the authority to sign a contract on behalf of the University, you are also responsible for ensuring that the appropriate internal reviews have been completed and necessary approvals have been obtained. Please refer to the Universitys policy B 10.11 for more information.

What to do if you are contacted by ICBC?

ICBC may contact certain University employees to obtain third party records. Commonly requested records include employment or academic records. Please forward any such requests to the Privacy Management Program at privacy@sfu.ca

If you are asked to answer questions about another 間眅埶AV individual by an ICBC adjuster, see this guidance Responding to Requests for Third Party Personal Information from External Agents. Essentially, you cannot provide information about another individual to these external agents/investigators unless you have that individuals written consent, a subpoena, or a court order. 

What to do if you are contacted by the RCMP?

The RCMP may contact certain University employees to obtain 間眅埶AV records or otherwise investigate a matter. Commonly requested records include employment, academic, or disciplinary records. Please forward any such requests to the Privacy Management Program at privacy@sfu.ca. You may only disclose the personal information of other individuals to the RCMP if it is to assist in a specific investigation. Ensure you obtain a file number and request in writing to document that the disclosure was to law enforcement for a specific investigation. 

If the RCMP attends the University with a search warrant, warrant of arrest, or other formal documentary service please contact the Office of the General Counsel. 

Filming on campus

The Universitys policy GP 14 governs commercial and third-party filming on the Universitys campuses. Facilities Services provides film liaison services for all such filming; please visit them here

RECORDS

I have received a request for university documents, and I am not sure if I should be sharing them. What should I do? 

間眅埶AV may only disclose records containing personal information under certain circumstances. If you are unsure about a disclosure, please contact the Privacy Management Program at privacy@sfu.ca

If the request is for records that do not contain personal information, but might otherwise contain confidential 間眅埶AV information, please contact the Privacy Management Program at privacy@sfu.ca before disclosure. 

Records containing personal information can be transferred internally (within 間眅埶AV) if the records are necessary for the performance of the duties of the requestor (i.e. there is a legitimate business need), then the records can be transferred. If in doubt, contact the Privacy Management Program at privacy@sfu.ca.

Records containing personal information should not be transferred externally unless there is already a standard process in place to disclose those records. For new disclosures, contact the Privacy Management Program at privacy@sfu.ca before disclosure. 

If the request is an external request (i.e., the request originates from outside the University) determine if the records are required to fulfill a contractual or legal obligation of the University. If the records are required for the fulfillment of the University's contractual or legal obligation, they can be transferred. If in doubt, contact the Privacy Management Program at privacy@sfu.ca

If a lawyer is seeking an 間眅埶AV record about their client on behalf of their client, they must provide the written consent of their client in order to obtain the records. 間眅埶AVs consent to disclose personal information form should be used. The records should be reviewed first to remove any third-party personal information. 

What do I do if I receive a summons or court order, or any other court process document, on behalf of the University?

Forward the summons, court order, or other court process to ogcadmin@sfu.ca

There is some information on disclosing personal information in court or during an examination for discovery here: Responding to Requests for Third Party Personal Information from External Agents. For more information about disclosing personal information, please contact the Privacy Management Program at privacy@sfu.ca.

What do I do if I receive a letter asking for an employees employment file?

If the request is an internal request (i.e., the request comes from another unit inside the University) and is needed for the normal occupation duties of the requestor, then the records can be transferred. If in doubt, contact the Privacy Management Program at privacy@sfu.ca. If the employment file contains sensitive personal information, determine whether that information is necessary for the business need, or whether that information should be redacted/withheld prior to disclosure. 

If the request is an external request (i.e., the request originates from outside the University) determine if the records are required to fulfill a contractual or legal obligation of the University. If the records are required for the fulfillment of the University's contractual or legal obligation, they can be transferred. If in doubt, contact the Privacy Management Program at privacy@sfu.ca Records containing personal information should not be transferred externally unless there is already a standard process in place to disclose those records. For new disclosures, contact the Privacy Management Program at privacy@sfu.ca before disclosure. 

If an employee is seeking a copy of their own employment file, for their personal use/information, then the file must be reviewed for third party privacy concerns (e.g. reference letters that were supplied in confidence, a supervisors confidential review documents, etc.). 

If a lawyer is seeking an employee file on behalf of their client, they must provide the written consent of their client in order to obtain the records. 間眅埶AVs consent to disclose personal information form should be used. The records should be reviewed first to remove any third-party personal information.

CORPORATE

Is the university a legal entity? What is its full legal name registration number?

Yes, the university is a legal entity; it is a corporation continued as a university pursuant to the . Its full legal name is 間眅埶AV.

Does the university have a certificate of incorporation or a business registration number?

No. As the University was created by way of legislation, it was not provided with nor does it need a certificate of incorporation or business registration number.

Is the university a registered charity?

Yes, the University is a registered charity under the . Its charitable registration number is .