Neufeld Legal P.C. 403-400-4092 Chris@NeufeldLegal.com
Your Privacy Rights
From January 1, 2004, all businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act, http://www.canlii.org/ca/sta/p-8.6/whole.html and the Canadian Standards Association Model Code for the Protection of Personal Information, which it incorporates. These obligations extend to lawyers and law firms, including ourselves. The Act gives you rights concerning the privacy of your personal information.
We are responsible for the personal information we collect and hold. To ensure this accountability, we have developed this policy, and trained our lawyers and support staff about our policies and practices.
Why Does We Need Your Personal Information?
We use your personal information to provide legal advice and services to you, to administer our client (time and billing databases) and to include you in any direct marketing activities. If you tell us that you no longer wish to receive information about our services or about new developments in the law, we will not send any further material.
We do not disclose your personal information to any third party to enable them to market their products and services. For example, we do not provide our client mailing lists to other law firms.
What Personal Information Do We Collect?
Personal information is any information that identifies you, or by which your identity could be deduced. If we did not collect and use your personal information we could not provide you with legal services.
How Do We Collect Your Personal Information?
We collect information only by lawful and fair means and not in an unreasonable or intrusive way. Wherever possible, we collect your personal information directly from you, at the start of a retainer and in the course of our representation.
Sometimes we may obtain information about you from other sources, for example:
- your insurance company;
- from a government agency or registry;
- your employer, if we are acting for you, at its request;
- your accountant.
In most cases, we shall ask you to specifically consent, if we collect, use, or disclose your personal information. Normally, we ask for your consent in writing, but in some circumstances, we may accept your oral consent. Sometimes, your consent may be implied through your conduct with us.
Disclosure of Your Personal Information
Under certain circumstances we will disclose your personal information:
- when we are required or authorized by law to do so, for example if a court issues a subpoena;
- when you have consented to the disclosure;
- when the legal services we are providing to you, requires us to give your information to third parties;
- where it is necessary to establish or collect fees;
- if we engage expert witnesses on your behalf;
- if we retain other law firms in other jurisdictions, on your behalf;
- if the information is already publicly known.
Updating Your Information
Since we use your personal information to provide legal services to you, it is important that the information be accurate and up-to-date. If during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes.
Is My Personal Information Secure?
We take all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect your information are:
- premises security;
- restricted file access to personal information;
- deploying technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access;
- internal password and security policies.
Access to Your Personal Information
You may ask for access to any personal information we hold about you. Summary information is available on request. More detailed requests which require archive or other retrieval costs may be subject to our normal professional and disbursement fees.
We hold information about you and you can establish that it is not accurate, complete and up-to-date we will take reasonable steps to correct it.
Can I be Denied Access to My Personal Information?
Your rights to access your personal information are not absolute. We may deny access when:
- denial of access is required or authorized by law (for example, when a record containing personal information about you is subject to a claim of legal professional privilege by one of our clients);
- information relates to existing or anticipated legal proceedings against you;
- when granting you access would have an unreasonable impact on other people’s privacy;
- when to do so would prejudice negotiations with you;
- to protect our firm’s rights and property;
- where the request is frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct information, we shall explain why. We do not use your any government issued numbers as a way of identifying or organizing the information we hold upon you.
May I Request Anonymity?
Whenever it is legal and practicable, we may offer the opportunity to deal with general inquiries without providing your name. The Proceeds of Crime (Money Laundering) and Terrorist Financing Act, http://www.canlii.org/ca/sta/p-24.501/whole.html requires us to confirm the identity of all new clients. It may also require us to disclose information to FINTRAC in relation to certain large cash transactions.
To help us make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money laundering, we may on occasion, request information about you from the files of consumer reporting agencies.
Communicating With Us
You should be aware that e-mail is not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information.
Requests for Access
If you have any questions, or wish to access your personal information, please write to our Privacy Contact at email@example.com or 403-400-4092. If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at:
112 Kent Street,
On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.
Alberta Business Corporations Act
- important elements
Continuance of Alberta companies as corporations under this Act
273(1) In this section and sections 274 and 275,
(a) “Alberta company” does not include
(i) a not‑for‑profit company,
(ii) a revived company, or
(iii) a trust company incorporated under a predecessor of the Companies Act;
(b) “anniversary month” with reference to an Alberta company means the month in each year that is the same as
(i) the month in which its certificate of incorporation was issued, or
(ii) in the case of an amalgamated Alberta company, the month in which its certificate of amalgamation was issued,
(c) “not‑for‑profit company” means a body corporate registered under the Companies Act
(i) that does not have the word “limited” as part of its name by reason of a direction or authorization of the Registrar of Companies under Part 9 of that Act, or
(ii) that by its memorandum of association or articles of association prohibits the payment to its members of any dividend,
but does not include a municipal housing company limited by shares incorporated under the Companies Act and having as its object the development, provision and operation, or any of them, of housing and accommodation;
(d) “revived company” means a body corporate described in section 210(1) that is revived under that section for the purpose of enabling it to apply for continuance as a corporation under section 274.
(2) An Alberta company shall apply to the Registrar for a certificate of continuance in accordance with this section.
* For the full statute, please click on this link. Nothing should be read in the abstract and specific legal advice is always recommended.