Legal Services

Legal services are services provided to enable government departments and agencies to pursue their policy, program and service-delivery objectives within a legally sound framework. They include legal advisory, litigation and legislative services, as described in the Government of Canada's Info Source material.

In federal procurement, the term is used chiefly in two ways. It names the departmental Legal Services units that advise buyers, and it names a specialized procurement category for contracts to obtain legal work. The Department of Justice Canada sits at the centre of both uses, and that shapes who can buy legal services and how.

Who can contract for legal services

Contracts for the performance of legal services may generally be entered into only by, or under the authority of, the Minister of Justice, subject to stated exemptions. This rule appears in the Treasury Board procurement framework. CanadaBuys also lists "Contracts for legal services" as a specialized procurement area, with the same authority rule, on its legal services contracts page.

This makes legal services different from most services categories. A department cannot simply issue its own solicitation for a law firm in the way it might for general consulting. The authority to contract sits with, or flows from, the Minister of Justice.

The role of departmental Legal Services units

Departmental Legal Services lawyers are officers of the Department of Justice and provide legal counsel to departments. According to the CanadaBuys buyer's guide, procurement Legal Services should have the chance to review documents before solicitations, requests for standing offers or supply arrangements are issued. Departments must obtain procurement-related legal advice exclusively from their own Legal Services unit.

Legal review is meant to confirm that contractual documents are legally binding and enforceable, that obligations are clearly expressed, and that Canada's interests are protected. Reviewers also check whether amendments to standard general conditions create additional risk or liability for Canada.

Litigation-related services bought by Justice

The Department of Justice is responsible for procuring certain litigation-related professional services. The procurement framework names these services:

• arbitrators and mediators
• experts
• court reporters and stenographers
• interpreters and translators

Justice buys them when courts, court rules, opposing parties or existing legal proceedings involving the Attorney General of Canada require them.

Treasury Board procedures for professional-service contracts, amendments and task authorizations apply above $40,000, inclusive of applicable taxes and fees, as set out in the Treasury Board procedures.

Agency-specific rules

Some organizations apply their own versions of these controls. The Canada Revenue Agency states that its legal-services contracting authority is restricted by sections 66 and 67 of the Canada Revenue Agency Act. Contracts may be entered into only by, or with the approval of, the Attorney General of Canada, according to the CRA procurement policy.

The Correctional Service of Canada requires contracting officials to consult Legal Services on matters such as changes to procurement policies, contract termination, changes to standard terms and conditions, and arrangements involving other governments where novel issues or high legal risk arise. These requirements are in Commissioner's Directive 350-3.

What legal services means for suppliers

A firm or professional offering legal services to the federal government should first confirm who holds the authority to contract. For most departments, that is the Minister of Justice or someone acting under that authority, and some agencies such as the CRA route approval through the Attorney General of Canada.

Suppliers of litigation support, such as court reporting, interpretation, translation, mediation or expert services, should look to the Department of Justice as a buyer when a proceeding involving the Attorney General of Canada requires those services.

All suppliers should expect Legal Services review of their contract terms. Proposed changes to standard general conditions are assessed for added risk or liability to Canada, so bid teams should keep any requested amendments limited and clearly justified.