Terms and Conditions
The Scope of these Terms & Conditions
Purpose & Function of Registry
Roles & Responsibilities: For All Users
Roles & Responsibilities: For Registrants
Roles & Responsibilities: For Registration Agents
Roles & Responsibilities: For Access Users
Roles & Responsibilities: For Institutional Contacts
Security Measures of the Registry
Questions & Contact Information
The Personal Planning Registry is operated by the Nidus Personal Planning Resource Centre Association, a non-profit charitable organization incorporated in British Columbia, Canada. It is a voluntary, centralized online registry that records information about the planning documents you have made to help express your wishes and to authorize decision makers. It also facilitates communication by enabling others to access that information when needed. The Registry’s functions are based on legislation and practices related to personal planning and adult guardianship in British Columbia.
This document sets out the Terms and Conditions for all users of the Registry’s services, and includes a description of the Registry’s functions. Our website provides more information about using the Registry through a series of Frequently Asked Questions and Fact Sheets. Go to www.nidus.ca/registry.
NOTE: These Terms and Conditions apply to new Accounts created following the re-launch of the online Registry in June 2014. The Terms and Conditions apply equally to Accounts created with the Registry prior to the June 2014 launch, with the exception of provisions that clearly and exclusively apply to accounts created through the new online registration process.
The Scope of these Terms & Conditions
The Registry’s failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision hereof.
The Registry reserves the right to amend, modify, alter, revise or otherwise update these Terms and Conditions from time to time, without notice, by updating this posting. Users agree to review the Terms and Conditions regularly and to be bound by such Terms and Conditions that are in effect at the time when they access or use the Site. Users’ continued access or use of the Site shall mean and imply agreement by Users to any such amendment.
Access User: an individual approved by the Personal Planning Registry to access information stored in the Registry. These individuals represent institutions like Health Authorities and their associated services, banks and credit unions, the Public Guardian and Trustee and government services.
Account Holder: the person whose information is stored in the Registry as data or as a document or file in formats such as PDF, mp3, mp4, flv, wma, wmv, mov.
Adult: a person age 19 years or older who engages in personal planning, including the making of a planning document such as a Representation Agreement or Enduring Power of Attorney.
Appointee: a person authorized in a Representation Agreement or Enduring Power of Attorney to assist or act on behalf of the Adult or a person named in a Nomination of Committee (can only be authorized by the court).
Institutional Contact: an individual who acts as the Registry’s contact person for Registration Agents or Access Users within a specific firm or institution.
Nidus Account: an optional payment plan that allows Registration Agents to pay for Registry transactions by invoice rather than paying at the time of each transaction.
Nidus ID: the unique number assigned to an Adult’s account by the Registry at the time of registration. Also referred to as the “Nidus Registration Number.” Accounts set up through the online Registry will be assigned a randomly generated 7-digit Nidus ID. This number can be used as a Personal Identifier.
Nidus Personal Planning Resource Centre Association: the legal name of the non-profit charitable organization, registered as a charity in Canada and incorporated in British Columbia. The organization, including its employees and directors, is also known as Nidus or the Resource Centre, and its mandate is to provide education, support, and assistance with personal planning to British Columbians.
Personal Planning Registry or Nidus Registry or Registry: a service operated by the Nidus Personal Planning Resource Centre Association. It is a voluntary, centralized online registry for an Adult’s planning documents, to facilitate communication of an Adult’s information, instructions/wishes and authorizations when needed.
Personal Identifier: an Adult’s date of birth, BC Care Card or Provincial Health Card Number, Driver’s License Number, BC Identification Number, and/or Social Insurance Number, as provided by the Registrant at the time of registration, and used to search for an Adult’s account in the Registry.
Personal Information: information about an individual that allows them to be identified.
Personal Information Record: an inventory of contacts and information related to personal planning.
PIPA: British Columbia’s Personal Information Protection Act, SBC 2003, c 63
Planning Document: written authorizations for matters related to managing health care, personal care, and legal and financial affairs that may be used to assist the Adult during their lifetime. In BC these include a Representation Agreement, Enduring Power of Attorney, Advance Directive, Nomination of Committee, Notice of Revocation for any of the aforementioned.
Registrant: the person who registers information with the Personal Planning Registry, and includes registration through self-registrations and Registration Agents.
Registration Agent: a lawyer or notary public or their staff approved by the Nidus Registry to act as a Registrant on behalf of their clients.
Registry Site or Site: the website, webpages and sub-pages of the online Personal Planning Registry.
Self-registration: registration by an Adult of their own information and documents, or by someone with the legal authority to act on the Adult’s behalf, other than a Registration Agent.
User: an individual who uses the services of the Registry and includes the Account Holder/Registrant, Registration Agent, Access User and Institutional Contact.
The Purpose & Function of the Registry
What is Nidus’ mission? What is the purpose of the Registry?
Nidus’s mission is to enable adults to maintain and protect their self-determination through personal planning in the event they need help making decisions or managing their affairs. The Registry’s purpose is to facilitate communication about an adult’s personal planning. This involves recording information about the planning documents an adult has made, storing that information in a centralized way, and enabling others to access that information when needed. If an adult’s mental competency is in question, or if he or she has difficulty communicating or physically managing their affairs, the Registry can help to identify and locate the people who have legal authority to assist the adult or to act on his or her behalf. It can also help to communicate information about the adult’s wishes and their other supporters and contacts.
Please note that the Registry does not confirm or guarantee the accuracy or currency of any of the personal planning information in an account. The information in the Registry should not be relied upon to the exclusion of or priority over other sources of information, including discussion with the Adult and his or her supporters and/or reviewing an original document.
What can I do with the Registry?
The Personal Planning Registry can record information about the existing planning document(s) you have already made. You can also store a copy of your existing document by uploading it in PDF format, and can give permission for others to access the information and copy of your document when needed. You can use the Registry to create a Personal Information Record, as well as upload audio and video files.
The Registry currently records the following types of documents, some of which are based on BC legislation* and some of which are informal expressions that do not have legal status on their own.
- Representation Agreements*
- Powers of Attorney and Enduring Powers of Attorney*
- Advance Directives*
- Advance Care Plans
- Living Wills
- Nomination of Committee*
- Revocation Notices – for legal and informal documents
- Resignation Notices – for already registered appointee-type documents (RAs, POAs and EPAs)*
Please note that you cannot use the Registry to create, revoke, or make changes to any legal document. Registration does not affect the validity of your documents, nor does it replace the need to keep the original document safe and accessible.
The main functions of the Registry service are:
The first step is to set up an Account with the Personal Planning Registry and to register at least one planning document, create a Personal Information Record or upload other documents in PDF format or upload an audio or video file. The Account will be in the legal name of the Adult and will include basic information about their document, along with the option to store an image of it. After you have entered the required information and set up a password, the Registry will assign a unique Nidus ID (Registration Number) to the Adult and his or her Account. All future information and documents registered for that Adult will be associated with this Nidus ID.
2. Accessing and Editing
Registrants will use the Nidus ID (Registration Number) and password to have full access to and editing privileges over that account. Contact information, search permissions for a specific document, the location of the original document, and some other aspects of the Account and information associated with it may be edited.
The Registry also provides a way for outside parties to locate an Account Holder without the Nidus ID (Registration Number) and password.
The public can use the Search feature to find an Account Holder by entering the Adult’s first and last name and two personal identifiers. This basic search will only reveal if the search information entered “matches” or “does not match” an account.
Approved Access Users may use an advanced search feature to view information and uploaded documents in the Registry by entering the Adult’s first and last name and at least two personal identifiers. This function does not allow editing of any information in the Account. It is only for viewing and saving or printing a copy of the stored information related to the Access User’s authorization. For example, Access Users who are authorized as health and personal care institutions (e.g. hospitals, residential care, the Public Guardian and Trustee Health Care Decisions Team) would be able to find an account and information according to access permissions granted by the Registrant to ‘health and personal care type institutions.’
The Registry may also grant a special designation called Special Emergency Access, which allows certain Access Users – for example, hospital emergency staff – to browse for health care information or documents associated with an account by searching last name and/or Nidus ID only. This feature is only for medical emergencies where a patient is unconscious or very confused and cannot provide sufficient information for the Access User to conduct an Advanced Search.
4. Shared Access
An Account Holder/Registrant can give individuals, such as a representative or attorney, financial advisor, or family doctor, read-only access to view stored information and uploaded documents on the account.
Shared access can be given to the entire account or to specific documents and can be cancelled at any time by the Account Holder/Registrant.
Read-only access is ‘shared’ with individuals by entering their email address. It is up to the Account Holder/Registrant to ensure the email address is correct and that the owner of the email address is trustworthy and will treat the information they access as private. An auto-email message is sent to the email address with a temporary password allowing them to ‘log-in’ to view the information shared. They are encouraged to change the password for future access. The email address and password serve as their log-in for read-only access. This feature was designed at the request of Registry Users and avoids Account Holders/Registrants from sharing their password that along with the Nidus ID allows for editing of information and documents stored in the Registry Account.
Roles & Responsibilities: For All Users
Information and Privacy
Because email transmission is not considered as secure as regular mail, phone or fax communication, the Registry does not initiate the transmission of personal information by email, and will only provide a copy of information and documents stored in the Registry through email by attaching a password-protected document in PDF format. Copies are also available by fax, regular mail, and pick-up with advance notice, for a modest fee.
Fees and Payment
The Registry reserves the right to charge a fee for any of its services or products, and the right to change these fees at any time, as allowed by law.
Payment of the fee and of any applicable taxes is due in full and in a prescribed format before or at the time of each Registry transaction, except for Registration Agents with a Nidus Account, who have 30 calendar days from the date of invoice to remit in full and in a prescribed format (see “For Registration Agents,” below).
If any payment to the Registry is not received in full or on time, or is later rejected or ‘bounced,’ the Registry may suspend all access to an account or information and documents associated with that account until payment is made in full, including payment of any additional or subsequent fees assessed by the Registry. If payment of the outstanding balance is not made in full within 10 business days of notification to the Registrant, the account(s) will be removed from the Registry and future attempts to register by the parties involved may require special authorization from the Registrar.
Representations and Warranties
Users agree that the access and use of this Site is at their sole risk, whether doing so from inside or outside Canada. Users are wholly responsible for complying with applicable local, national and international laws. Users agree not to introduce into or through the Site any information or material which may constitute or encourage conduct that would constitute libel, slander, defamation, harassment or discrimination, or which may give rise to a criminal offence or civil liability on the part of any User or any other person or entity.
Users warrant that information or material which they provide to the Registry electronically through their access to or use of the Site does not infringe the rights of any person or entity. In addition, while accessing or using the Registry and the Site, Users are specifically prohibited from downloading, uploading, posting, transmitting, modifying, publishing or distributing any material or information for which the User does not have all necessary rights or authorizations. Users are specifically prohibited from downloading, uploading, posting, transmitting, publishing or distributing any material or information which contain computer viruses or other codes, files or programs intended in any manner to disrupt or interfere with the functioning of the Site.
Technology Compatibility and Service
All users of the Nidus Personal Planning Registry assume responsibility to ensure that their computer’s operating system and browsers are compatible with the use of the Registry website. Nidus is not responsible for any system interruptions that may occur as a result of user system and browser incompatibility or internet service disruptions.
Roles & Responsibilities: Registrants
Role of the Registrant
The person who sets up an Adult’s account and registers, views and edits information and documents belonging to the account is called the Registrant.
You must be one of the following in order to qualify as a Registrant:
- the Adult, as long as you understand the nature and effect of these Terms and Conditions.
Otherwise, one of the following people may act as the Registrant for you:
- a representative appointed in a Representation Agreement with the authority to assist or act on the Adult’s behalf;
- an attorney appointed in a Power of Attorney or an Enduring Power of Attorney with the authority to act on the Adult’s behalf.
As a Registrant, you are responsible for:
- Safeguarding the Account Holder’s Nidus ID (Registration Number) and password. The Nidus ID and password allow full access to the account, including the ability to register additional documents, to edit specific information, and to change search permissions.
- Paying to the Registry any fees associated with the account.
Roles & Responsibilities: For Registration Agents
Role of the Registration Agent
NOTE: All access to the Registry by the Registration Agent in relation to the Account of their clients must be specifically authorized and consented to by their clients or someone who has legal authority to act on the client’s behalf.
Lawyers and notaries public, who are practicing members in good standing with their governing bodies, and their staff may apply to the Registry to be Registration Agents. If the Registrar accepts the application, the lawyer, notary public, or staff must comply with the Registry Terms and Conditions. An applicant may also be required to take on additional responsibilities as an Institutional Contact (see “For Institutional Contacts,” below).
The Registry will provide a unique log-in (user name and password) to each approved Registration Agent, which the Agent may use to register a client’s personal planning information and documents and to access and review information and documents previously registered by or on behalf of that client. Being an approved Registration Agent has the following benefits:
- You will have a free Nidus Account and will pay for Registry transactions by invoice, with 30 days to remit payment from the date of issue of the invoice.
- You can register information and upload documents on behalf of your client with their specific
- You may review information and uploaded documents previously registered by your client, with your client’s consent.
- You may create a client’s Account and register his or her initial personal planning document.
Registration Agents’ Responsibilities
You are specifically prohibited from accessing the Registry in relation to the documents of a client except on the specific instructions of the client who is or will be an Account Holder, or someone who has legal authority to act on behalf of the client.
While accessing or using the Registry, you are specifically prohibited from downloading, uploading, posting, transmitting, publishing or distributing any material or information for which you do not have all necessary rights or authorizations. You are also prohibited from altering, forging or modifying in any way any of the information posted or accessible on the Site, without the specific instructions of the client who is or will be an Account Holder, or someone who has legal authority to act on behalf of the client.
Registration Agents, their staff, and their clients have the same responsibilities as Registrants (see “Registrants’ Responsibilities,” above). Please also read “For Institutional Contacts,” below, for information on Nidus Accounts and responsibilities for remitting payment.
In addition, as a Registration Agent you are responsible for:
- Keeping confidential all information, communication, records, and documents associated with registration and use of the Registry.
- Not disclosing your log-in information to anyone else (including colleagues and other employees of your business, even if they are assisting you or you intend it to be used on your behalf while you are absent from work), and protecting your log-in from such disclosure.
- Immediately notifying the Registry of any changes to your contact information, the status of your employment or position, your standing with your professional society, the status of your Juricert registration number or account, or to your business practice as it relates to the use of the Registry.
Roles & Responsibilities: For Access Users
Role of the Access User
The purpose of the Personal Planning Registry is to facilitate communication. It supports and protects an adult’s self-determination when he or she may need assistance with making decisions or managing his or her affairs. To facilitate this purpose, the Registry grants access to outside parties like individuals who represent Health Authorities and their services, banks and credit unions, and the Public Guardian and Trustee (PGT) or other government service agencies. These outside parties are called Access Users, and are allowed to search the Registry when they or their institution’s duties or functions create an existing, relevant need for a particular Adult’s personal planning information. For example, an approved Access User might search the Registry to help locate legally-authorized decision makers, to confirm that presented documents and information are current (i.e. check for a Notice of Revocation), or to ensure health care providers do not give (or must withdraw) care or treatment an Adult would have refused in the circumstances, if that Adult were capable of refusing consent.
Outside parties apply to the Registry to become Access Users. The party must accept these Terms and Conditions when they complete their application form and submit it to the Registrar for approval. They may also be required to take on additional responsibilities as an Institutional Contact (see “For Institutional Contacts,” below). The Registry will provide a unique log-in (User Name and password) to each Access User, allowing them access to the Registry. A separate log-in is required for each person within an institution. Nidus reserves the right to suspend the log-in of an Access User without prior notice, at the sole discretion of the Registrar, if unauthorized access or breach is suspected.
Access Users’ Responsibilities
As an Access User, you will be granted access to information and documents not available to the general public by virtue of your special role as a participating member of a qualifying health, financial or government organization. With this broader access to the Registry comes increased responsibilities to ensure that you and your organization does not breach the privacy and confidentiality of Registry Account Holder information and documents.
Access Users must exercise caution so as not to be found negligent or contributorily negligent in breaching the privacy and confidentiality of Registry Account Holders information. In addition to taking all necessary precautions, you are specifically responsible for:
- Keeping confidential all information, communication, records, and documents associated with your use of the Registry. Not disclosing your log-in information to anyone else (including colleagues or employees, even if they are assisting you or you intend it to be used on your behalf while you are absent from work), and protecting your log-in from such disclosure.
- Immediately notifying the Registry of any changes to your contact information, to the status of your employment or your position, or to you or your institution’s practices as they relate to the use of the Registry.
You are specifically prohibited from accessing the Registry for purposes or in a manner contrary to your professional duties. You are specifically prohibited from posting, transmitting, publishing or distributing any material or information for which you do not have all necessary rights or authorizations.
Roles & Responsibilities: For Institutional Contacts
Role of the Corporate/Institutional Contact
An Institutional Contact’s role is to verify the employment status, position, and duties of individuals within their firm or institution (or department therein) as part of the initial Registry authorization process and when setting up additional log-ins.
Each approved Registration Agent or Access User has an associated Institutional Contact, and each firm or institution with Agents or Access Users will have at least one Contact. Each individual, including the Institutional Contact, must accept these Terms and Conditions when they complete their application form.
Institutional Contacts’ Responsibilities
As an Institutional Contact, you have the same responsibilities as either Registration Agents or Access Users or both, depending on your approval(s) and those of the staff you represent (see “Registration Agents’ Responsibilities” and “Access Users’ Responsibilities,” above).
In addition, as an Institutional Contact, you are responsible for:
- Immediately notifying the Registry of any change to the contact information or to the status of employment or position of the individuals registered under your designation.
- Not delegating your authority or designation as an Institutional Contact to anyone else without prior written approval from the Registry.
- Immediately notifying the Registry of any change to your own contact information or to the status of your employment or your position as it relates specifically to your status as an Institutional Contact.
- Allowing the Registry to publish the name of your institution, its contact information, and its identity as an institution with approved Registration Agents and/or Access Users.
As an Institutional Contact for Registration Agents with a Nidus Account, you are also responsible for:
- Remitting payment for all Registry transactions associated with your Nidus Account, and accepting that a Nidus Account may be suspended or terminated if you do not remit payment in accordance with these Terms and Conditions (see “Fees and Payment,” above). We reserve the right to contact the clients on whose behalf you have used the Registry, in order to inform them of your failure to pay and of its effect on those clients’ use of the Registry. We also reserve the right to report your conduct to any relevant professional societies.
Security Measures of the Registry
Our software developers have engineered the Nidus Registry to secure the sensitive information you upload to the Registry, such as your Care Card Number, Driver’s License Number, Social Insurance Number. The Registry will be monitored at all times to ensure it is running properly.
The Registry is hosted on servers located in Canada. This means that any documents or information you upload onto the website will be stored in computers located in Canada (with the exception of audio and video files). This will minimize risk and ensure that Canadian data privacy and security laws apply to your stored information.
Audio and video files can be very large in size and incur extra costs for storage and retrieval. For this reason, the Registry uses a storage service that is able to store and retrieve any amount of data for an economical cost. This particular storage service is based in the United States. United States data privacy and security laws apply only to uploaded audio and video files.
All user access to the Registry will be over a secure and encrypted connection, to make sure that any information transmitted by yourself to the Registry is not intercepted by third parties who you have not authorized to view your information.
The Registry will track usage of the website, providing an electronic trail of all site activity. This may be useful in situations where the identity of the user who modified information or documents on your Nidus Account is disputed.
Finally, as an additional safeguard, backups of the data on the Registry will be performed daily and provided offsite on a monthly basis.
Governing Law and Jurisdiction for Disputes
The Registry and these Terms and Conditions shall be governed by and interpreted in accordance with the laws of British Columbia, Canada. The courts of British Columbia, Canada shall have exclusive jurisdiction to hear any matter that arises from use of the Registry or under these Terms and Conditions.
Representations and Warranties
By using the Registry, you are agreeing to be bound by these Terms and Conditions (“the Agreement”). If you do not accept the Terms and Conditions stated herein, do not use the Registry. Your failure to comply with any of these Terms and Conditions will result in immediate termination of the Agreement. All rights not expressly granted herein are reserved.
The materials and services contained in the Nidus Registry are provided “as is.” To the maximum extent allowed by law, we make no representations or warranties of any kind, express or implied, in connection with these Terms and Conditions or the Registry’s services, including but not limited to warranties of conditions of fitness for a particular purpose or use.
Further, we make no representations or warranties concerning the accuracy, completeness, timeliness, or reliability of the materials or services or of any information contained in the Registry, or on any site linked to or by the Registry.
The Registry’s services are provided for informational purposes only and are not intended to provide legal advice, and should not be relied upon in that respect. You represent and warrant that your use of the Registry and information found therein, including the manner in which it is directly or indirectly used, will not infringe the legal rights of anyone, including those of a third party, and will not otherwise subject us to a legal claim.
Indemnity and Limitation of Liability
Users understand, accept and agree that access to or use of the Site is at their own risk, which entails a waiver of rights or remedies against the Registry or Nidus for any prejudice whatsoever arising out of or in connection with the exchange, collection, use, disclosure, retention or disposal of information. The Registry and Nidus are not responsible for and shall not be liable to Users or other persons or entities for claims, losses, costs, expenses or damages whatsoever arising out of or in connection with the exchange, collection, use, disclosure, retention or disposal of this information, except in cases where such prejudice results directly and entirely from the negligence of the Registry and Nidus in the performance of its legal obligations under the BC Personal Information Protection Act.
The contents of the Registry, such as text, publications, graphics, images, HTML code, multimedia clips, Java code, and the selection and arrangement of information (“Materials”) are proprietary to the Registry and its suppliers. Nothing in these Terms and Conditions transfers a right or title to or of the Materials or any software, hardware, or process used to provide the Registry’s services. We do not have any ownership interest in the specific personal information you have registered, except as otherwise provided or as allowed by law.
Individual User License
The Registry, through this Agreement, grants you a limited, individual user license to use and access the Registry’s services, solely to the extent necessary to enable you to fulfill your obligations under these Terms and Conditions. You are further granted a limited, individual user license to use (display or print) the Materials, provided the Materials are not modified.
None of the Materials or services may be otherwise reproduced, re-published, re-disseminated or otherwise provided in any manner or form without the prior written consent of the Registry or the third party to which the intellectual property rights belong.
If you violate this Agreement, your permission to use the Materials and the Registry’s services automatically terminates and you must immediately destroy any copies you have made of the Materials.
Access Users and Registration Agents who wish to terminate this Agreement may do so by contacting the Registrar (see “Questions and Contact,” below).
If either party is in material breach of this Agreement, the other party may terminate the Agreement upon delivery of written notice to the other party, indicating their intention to treat the Agreement as terminated, provided that the notice provides a description of the nature of the breach.
In addition, if you are registered with Juricert and are acting as a Registration Agent and/or Institutional Contact and Juricert Inc. subsequently terminates your registration with Juricert for any reason, this will automatically terminate this Agreement and your authority as a Registration Agent and/or Institutional Contact.
Unless the Registry indicates otherwise in writing, termination of the Agreement shall also terminate any service or authorization established under this Agreement and any right the Registry granted to you to use its services. Upon termination of the Agreement, you shall cease to suggest in any manner to any person that you are a Registrant, Registration Agent, Access User, or Institutional Contact, or that you are granted any other right to use its services.
In the event of any dissolution, cessation, or similar event of the Registry and/or any of its services, we will notify our users of the event by email, if a functioning email was provided to the Registry, and explain to the user how and for how long they may request a copy of the personal information in the Registry’s custody and control, as allowed or required by law.
The “Representations and Warranties” and “Indemnity and Limitation of Liability” sections of this agreement shall survive termination of this Agreement.
If a court of competent jurisdiction concludes that any provision of this Agreement is illegal, invalid, or unenforceable, then that provision shall be severed from this agreement and the remaining provisions shall remain in full force and effect.
Questions & Contact Information
Users should direct any questions, concerns, or complaints regarding these Terms and Conditions in writing to the Registrar, who is responsible for the operation of the Personal Planning Registry and for ensuring compliance with these Terms.
Fax: (604) 801–5506