5. Key provisions
It is the OPC’s expectation that all Legal Agents (individually and as members of a team) will have the necessary level of competence, expertise, and experience to provide the requested legal services commensurate with the nature and complexity of the legal issue(s) involved. Selection is based on the premise that the OPC expects the highest quality of legal services and advice consistent with the reasonable demands of economy, efficiency, and effectiveness.
The OPC expects Legal Agents to uphold the highest standards of personal and professional conduct. Legal Agents must obey the law, be compliant with federal government policies and must act with integrity, fairness, and impartiality always. Legal Agents must honour their professional obligations as lawyers and avoid any real or perceived conflict of interest.
Hourly billing rates for legal services are negotiated on a case-by-case basis. The OPC will refer to the Department of Justice Legal Agent rates of remuneration as stipulated on their website for guidance but higher rates may be reasonable and justifiable. Alternate billing arrangements may be negotiated with Legal Agents, which include flat fees, block billings, lump sum payments, and blended rates.
The OPC 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.
Every team member (including counsel, paralegals or law clerks, and legal assistants for whose work counsel is responsible) is expected to strive to contribute significantly toward excellent results that fully meet the operational requirements of the OPC.
It is the OPC’s expectation that a Respondent expressing an interest in being considered for a Legal Agent appointment, must at a minimum be willing to commit to ensuring:
- that it carries valid law-practice insurance in the province(s) or territory(ies) in which the Respondent conducts their practice, in compliance with the requirements of the relevant law society(ies) or bar association(s);
- that it complies 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 the Respondent’s team providing legal services to the OPC be active members in good standing of a provincial or territorial bar;
- that each member of the Respondent’s legal team and all members of their staff who will require access to documents relating to work assigned will be in compliance with the security requirements identified in this EOI; and,
- that it complies with certain technology standards as defined by the OPC and as stipulated in any resulting contract for legal services with the OPC.
The OPC is subject to the Access to Information Act and the Privacy Act. All information submitted pursuant to this EOI process shall become the property of the OPC. All information received pursuant to this EOI will be held in confidence, subject to any applicable disclosure provisions of the Access to Information Act, the Privacy Act, or other applicable legislation.
In accordance with the Policy on Government Security (“PGS”), all individuals who require access to protected, classified or sensitive federal government information and/or assets must have, at a minimum, a personnel security screening at the Reliability Status level, granted or approved by OPC security officers or by the Contract Security Program of Public Services and Procurement Canada. All authorized counsel as well as members of their staff who will require access to OPC files must therefore have, at a minimum, a Reliability Status type security screening. In certain circumstances, or for special cases where access to classified government information or assets will be required, Legal Agents, and relevant members of their staff, will require a Security Clearance prior to being permitted such access.
Records created during the conduct of assigned legal work are the property of the OPC. In accordance with the PGS, OPC file records must be properly secured at all times, and they must only be accessible to personnel with the appropriate federal government security screening level.
Security requirements are defined on a case-by-case basis. The OPC will provide direction and facilitate the required level of security screening application(s) for selected Legal Agents. Legal Agents must commit to ensuring compliance and cooperating fully with screening processes and procedures, and obligations pertaining to the maintenance of active files and the return of closed files. Security requirements as well as supporting instructions and procedures may be defined through the contract for services and/or statement of work, as well as through instructions provided by the Instructing counsel during the contract period.
Where applicable, prior to and throughout the appointment as a Legal Agent, the OPC may require Respondents to substantiate compliance with the above key provisions.
