FREQUENTLY ASKED QUESTIONS

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 staff’s 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 here.

The principle of solicitor-client privilege (SCP) generally protects the legal advice provided by the Office of the General Counsel's lawyers to SFU employees by keeping their communications confidential and safeguarding them from third-party disclosure. However, as SFU as a whole is considered the 'client', SCP may not protect communications from disclosure within SFU. 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 SFU's mission, we may need to escalate the matter accordingly. If the President requests information about a confidential conversation between an SFU member and the Office of the General Counsel's legal counsel, we are obliged to comply with the request.

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.

Please visit the Copyright Office of the university.

Except for research and technology transfer matters, the Office of the General Counsel provides legal advice in regards to the full scope of the University’s 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.

Unless your role is named in the University’s 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 University’s Board of Governors. This authority is delegated by the Board of Governors only to certain University administrators pursuant to the University’s 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 University’s policy B 10.11 for more information.

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 SFU 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 individual’s written consent, a subpoena, or a court order. 

The RCMP may contact certain University employees to obtain SFU 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. 

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

SFU 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 SFU information, please contact the Privacy Management Program at privacy@sfu.ca before disclosure. 

Records containing personal information can be transferred internally (within SFU) 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 SFU record about their client on behalf of their client, they must provide the written consent of their client in order to obtain the records. SFU’s consent to disclose personal information form should be used. The records should be reviewed first to remove any third-party personal information. 

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.

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 supervisor’s 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. SFU’s consent to disclose personal information form should be used. The records should be reviewed first to remove any third-party personal information.

Yes, the university is a legal entity; it is a corporation continued as a university pursuant to the University Act (RSBC 1996, c.468). Its full legal name is Simon Fraser University.

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.

Yes, the University is a registered charity under the Income Tax Act (RSC 1985, c.1 (5th Supp)). Its charitable registration number is 118520725 RR 0001.