Department of Justice
www.justice.gc.ca
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Agent Affairs Program
Agent Affairs Program
In recognition of the need for overall functional direction over legal agents, a national Agent Affairs Program was established in 1996. In support of the reasonable demands of effectiveness, efficiency and economy, the ultimate goal of the Program is to provide the Department with a framework to strengthen its ability to administer and manage legal agent activities in such a way as to ensure the provision of quality legal services while containing the associated costs.
The Litigation Practice Management Centre supports the Assistant Deputy Attorney General (Civil) in the delivery of litigation services by in-house counsel and legal agents. As such, this group looks after the development and management of the civil component of the Agent Affairs Program and provides operational support in relation to the appointment and remuneration of civil legal agents.
Justice Canada’s legal work gives counsel the opportunity to apply specialized training, skills and expertise in regard to areas of practice, which are not limited to but include:
- Aboriginal Law
- Access to Information and Privacy Law
- Bankruptcy and Insolvency Law
- Class Actions
- Constitutional Law / Charter issues
- Competition Law
- Commissions of Inquiry
- Corporate /Commercial Law
- Employment Law / Staff Relations
- General Civil Litigation / Judicial Reviews
- Human Rights Law
- Immigration and Public Safety
- Intellectual Property Law
- Labour Law
- Maritime Law
- Property Law / Land Transactions and Title Searches
- Tax Litigation
- Tort / Civil Liability
Rates of Remuneration
Domestic legal agents retained for the purposes of rendering services related to property transactions, are paid in accordance with a standard fee schedule, based on a three-level tariff ranging from $60.00 to $82.00 per hour.
Remuneration for all other domestic legal services is negotiated on a case-by-case basis in accordance with guidelines ranging from $60.00 to $200. per hour. Alternate billing arrangements have been negotiated with legal agents in lieu of remuneration based on a straight hourly rate and the amount of time devoted to an assignment. Some examples of alternate billing arrangements are: Flat fees; block billings or lump sum payments; blended rates; and, weighted average rates.
Profile of a Legal Agent
Selection is based on the premise that the Government of Canada is entitled to the highest quality of legal services and advice consistent with the reasonable demands of economy, efficiency and effectiveness. Competence, integrity, professionalism and trust remain the primary considerations in the appointment of agents.
As a representative of the Attorney General of Canada, a Legal Agent is expected to uphold the highest standards of personal and professional conduct. A Legal Agent must obey the law and be in compliance with federal government policies and must act with integrity, fairness and impartiality at all times.
Justice Canada requires loyal and dedicated legal teams that are willing to devote their time and resources to best represent the interests of the government of Canada and its client departments and agencies.
It is Justice Canada’s expectation that all counsel on the legal team will have the level of competence in handling litigation work or providing legal services commensurate with their experience and the type and complexity of file or file activity.
Justice Canada expects legal agents to be fiscally responsible and follow recommended and cost-conscious file handling practices; and, comply fully with administrative provisions, billing guidelines and fee and disbursement policies.
Justice Canada is increasing its use of web-based technology for business and communication purposes, including account review and in due course payment automation. It is anticipated that e-business capabilities will be a requirement.
Every team member (both counsel and legal assistants for whose work counsel is responsible) is expected to strive to contribute significantly to excellent results. Effectively measuring those results presents an on-going challenge. Results may be based on many factors outside of counsel’s control.
It is Justice Canada’s expectation that firms interested in being considered for legal agent appointment, must at a minimum be willing to commit to ensuring:
- that law-practice insurance is carried in the province(s) or territory(ies) in which the firms conduct their practice, in compliance with the requirements of the relevant law society(ies) or bar association(s);
- compliance with the federal government’s conflict of interest guidelines, which seek to ensure that contracts with the private sector meet the highest ethical standards;
- that each member of a legal team, be members in good standing of a provincial or territorial bar;
- that each member of the legal team and all members of their staff who will require access to documents relating to work assigned will be in compliance with the requirements pertaining to a reliability status type security screening;
- that each member of the legal team and all members of their staff are in compliance with the requirements outlined in the Terms and Conditions of Appointment document which outlines the relationship between a legal agent and the Department of Justice, policy obligations, and, expectations as to case management practices as well as administrative provisions; and,
- compliance with technology standards as defined by Justice Canada
Appointment As A Legal Agent
Legal agents are appointed at the pleasure of the Minister of Justice and Attorney general of Canada and may be terminated at any time without prior notice.
Legal agent appointments are confirmed and acknowledged in writing. The terms and conditions of appointment and the relationship between the agent and the Department of Justice are governed by the letter of appointment as well as other documents which are routinely provided along with the letter of appointment.
Where agents are retained for civil matters, the letter of appointment is supplemented with the Terms and Conditions of Appointment document.
In accepting an appointment, the legal agent is confirming acceptance of the terms and conditions of an appointment, as well as compliance with Department of Justice and Government policies and standards, for the duration of their mandate. These include:
- the Workplace Equity Policy for Legal Agents ;
- security requirements
- standard technology requirements , and,
- family support obligations.
How to Become a Legal Agent
Interest in being considered for appointment as a legal agent can be conveyed to the Department of Justice. For more information, refer to the Expressions of Interest Section.
