Level of client engagement as evidenced by Management Accountability Framework (MAF) Assessments (2005)
| Department/Agency |
Rating[37] |
LRM-related information |
| Agriculture and Agrifood Canada |
Unrated |
- Legal Services and Human Resources to engage in risk identification/assessment and advice on training
|
| Atlantic Canada Opportunities Agency |
Unrated |
- Senior Legal Counsel sits on Agency's Executive Committee
- Senior management in consultation with Senior Legal Counsel are involved in developing legal risk management strategies, including contingency plans
- Senior Legal Counsel approves all TBS submissions, memoranda to Cabinet, contribution agreements
|
| Canada Border Services Agency (CBSA) |
Unrated |
- Legal Services Unit (LSU) is represented and participates in all senior management committees
- CBSA and its LSU are discussing a process to more regularly monitor and review policies and programs for legal risks
|
| Canada Industrial Relations Board |
No rating |
|
| Canada Revenue Agency (CRA) |
Unrated |
- Appeals Branch has a Risk Management Committee
- Tri-departmental Legal Risk Management Committee with CRA, Justice, and Finance. Senior managers oversee highest risk tax litigation
- LSU monitors non-program litigation against CRA
- LSU provides legal awareness training
|
| Canada School of Public Service |
Unrated |
- Contingency planning is occurring
- TBS publication on legal risk is distributed to senior officials
|
| Canadian Environmental Assessment Agency |
No rating |
|
| Canadian Firearms Centre |
Unrated |
- Litigation Committee is chaired by Commissioner and has representation from senior executives. Committee discussions used to develop legal risk management strategies and to assess risk
|
| Canadian Food Inspection Agency (CFIA) |
Unrated |
- Conduct legal environmental scanning daily. Formal scanning has not occurred since 2002 but is scheduled to begin again in 2006-07
- LSU provides quarterly Litigation Reports on litigation involving CFIA
- LSU conducted workshops on how to reduce risk of litigation
- Contingency planning framework is being developed
- LSU briefs senior executives on legal issues and trends
- Briefing Notes are provided on important steps in major litigation, and senior executives provide instruction on managing legal risk
- Provides information for Justice's legal risk reports (Top 100, High Impact Cases, Early Warning Cases, etc.)
|
| Canadian Heritage (PCH) |
Unrated |
- PCH Committee on Legal Services Priorities and Planning that LSU Head and senior executives sit on
- LSU prepares an inventory of all active and potential litigation
- LSU prepares a profile of all high risk files involving PCH that is also provided to Justice Canada
- Provides information for Justice's legal risk reports (Top 100, High Impact Cases, Early Warning Cases, etc.)
|
| Canadian Intergovernmental Conference Secretariat |
No rating |
|
| Canadian International Development Agency (CIDA) |
Acceptable |
- LSU and CIDA are identifying legal risks and are incorporating into IRM process
- Legal risks are shared with Justice and other departments as appropriate
|
| Canadian International Trade Tribunal |
No rating |
|
| Canadian Radio-television and Telecommunications Commission |
No rating |
|
| Canadian Security Intelligence Service |
No rating |
|
| Canadian Space Agency |
Unrated |
- LSU Head sits on Executive Committee, which reviews all projects, MOUs, contracts, and Cabinet documents
|
| Canadian Transportation Agency |
No rating |
|
| Citizenship and Immigration Canada (CIC) |
Unrated |
- CIC Law Portfolio has a National Litigation Coordinator who chairs the Scratch Legal Issues Committee, which ensures that consistent positions are taken in litigation and legal advice within the portfolio
- National Litigation Coordinator produces monthly CIC Litigation Report and ensures communication exchange between portfolio, client and Justice on litigation matters
- LSU lawyers attend CIC meetings and committees to scan for legal risks and assist management with developing legal risk management strategies
|
| Correctional Service of Canada (CSC) |
Unrated |
- Regions regularly report legal risks as part of legal risk scanning system
- CSC reports high impact cases to PSEPC and Justice as appropriate
- Regional offices provide regular reports to CSC on risk ratings
- LSU reviews inventory of litigation regularly and presents to Legal Risk Management Committee
|
| Courts Administration Services |
No rating |
|
| Department of Public Safety and Emergency Preparedness Canada (PSEPC) |
Acceptable |
- LSU Head sits on Senior Management Committee
- LSU provides managers with a weekly litigation update
- LSU provides monthly calendar of litigation action
- Provides quarterly report estimating contingent liabilities
- Provides a document on Statutory Responsibilities of the Minister of PSEPC
|
| Environment Canada |
Unrated |
- Has a Litigation Committee for managing civil litigation and disputes that also provides advice on possible implications of its practices
|
| Finance Canada |
Unrated |
- Internal Audit and Evaluation Divisions include legal risk in its risk-based internal audits
- Law Branch provides legal risk assessments for matters under consideration
- ADM of the Law Branch participates in meetings of Finance Executive
- Finance Tax Counsel and CRA track cases and discuss with CRA, Justice and Finance
- Tri-departmental Legal Risk Management Committee with CRA, Justice and Finance. Senior managers oversee highest risk tax litigation.
- Contingency plans are prepared on major litigation cases
- Provides information for Justice's legal risk reports (Top 100, High Impact Cases, Early Warning Cases, etc.)
|
| Fisheries and Oceans Canada (DFO) |
Unrated |
- Has a Legal Risk Management Committee that has client and LSU representation and is engaged in developing legal risk management strategies
- LSU and client high impact coordinators scan for high impact legal issues, high impact litigation and legal trends
- Prepare high impact Briefing Notes and work plans to provide to LRM committee
- Also provides LRM Committee with contingent liability reports, Early Warning Reports, table of high impact cases/issues and ad hoc Briefing Notes
- Provides Justice head office with table of high impact cases/issues and Briefing Notes as required
- LSU makes recommendations to DFO on contingency planning
- DFO prepares work plans in response to recommendations
|
| Foreign Affairs Canada |
Unrated |
|
| Health Canada (HC) |
Unrated |
- HC has a legal risk management framework that includes identification of high impact litigation and non-litigation legal risks
- LSU sits on Branch executive and risk management committees
- Departmental Executive Committee Legal Risk Management Sub-Committee has LSU and HC representatives
|
| Human Resources and Skills Development (HRSD) |
Unrated |
- HRSD has a legal risk management framework that includes scanning for high impact litigation, non-litigation legal risks and legal trends that may be indicated through these scans.
- The framework also includes assessment of legal risks and development of contingency plans
|
| Indian and Northern Affairs Canada (INAC) |
Unrated |
- Senior Counsel/Head of INAC LSU is on Executive Committee and Policy and Management Committee
- Policy and Management Committee approves litigation prevention principles; reviews materials for Supreme Court of Canada proceedings; discusses case or portfolio management issues that have government or INAC-wide resource, management or policy implications; and provides litigation settlement mandates for amounts above $25 million.
- LSU signs off on memoranda to Cabinet, TBS submissions and submissions for Governor in Council orders
- INAC Directors General Litigation Committee provides instructions/views to Justice on issues that require corporate guidance and consultation on litigation issues and has LSU and portfolio representation
- Other committees that consider legal risk and on which LSU lawyers sit: Steering Committee on Self-Government and Comprehensive Claims, FTNO Steering Committee, Claims Advisory Committee, and Legislative Steering Committee
|
| Indian Claims Commission |
No rating |
|
| Industry Canada |
Unrated |
- LSU prepares quarterly litigation reports
- Senior policy committee oversees and provides directions on major litigation
- There is a policy on LRM that is being updated (how to handle litigation, scanning for legal risks)
|
| Infrastructure Canada |
No rating |
|
| International Trade Canada (ITCan) |
Unrated |
- ITCan reviews trade law risks, and senior management is involved as required in legal risk management strategies of identified legal risks
- Trade Policy Branch and Trade Law Bureau are required to assess the risk of any proposed measure for non-compliance with Canada's international trade and investment obligations. Other government departments and agencies are not consistently consulting them, however.
|
| Justice Canada |
Unrated |
- Justice scans its programs and policies for legal risks
- Policy Committee reviews important policy and program proposals for legal risks
- Chairs of Regional Litigation Committees meet monthly to identify and coordinate issues across regions
- Senior management meetings, including DM Daily, discuss LRM
- Justice monitors top 100 high impact cases to ensure their legal risks are effectively managed and that they have contingency plans
- Works with departments and agencies to provide legal advice to minimize legal risks
- National Litigation Committee meets weekly to discuss important litigation and contingency plans
|
| Library and Archives Canada |
No rating |
|
| Military Policy Complaints Commission |
No rating |
|
| National Defence (DND) |
Unrated |
- LRM Committee discusses issues of major significance to DND, including important litigation and non-litigation issues. Deputy Minister chairs the committee and senior managers are members
- Lawyers and DND managers are involved in legal risk scanning
- LSU has provided training sessions to clients across the country
|
| National Research Council (NRC) |
Unrated |
- LSU scans NRC programs for legal risk but also reduces legal risk through instrument choice
- Director of LSU reports directly to NRC President
- LSU has final review of various policies and contracts
- Contingency planning is occurring
- Monitoring of legal trends is conducted by LSU
|
| Natural Resources Canada |
Unrated |
- Internal risk scanning network has been established to identify risks
- Departmental Risk Committee
- LSU participates in the Risk Management Working Group, which also addresses LRM
- General Counsel is on departmental Management Committee
- Senior management is involved in identification, avoidance and mitigation of legal risks
- Counsel are involved in briefings to senior management
- LSU has provided legal awareness training sessions
- Contingency planning occurs where warranted and LSU supports client officials in developing these plans
- Litigation report tracks litigation involving department and is updated monthly
- Conduct post mortem analysis to identify lessons learned so future risks can be mitigated or avoided
|
| Office of Indian Residential Schools Resolution of Canada |
No rating |
|
| Office of the Co-ordinator Status of Women |
No rating |
|
| Office of the Commissioner for Federal Judicial Affairs |
No rating |
|
| Office of the Superintendent of Financial Institutions |
No rating |
|
| Patented Medicine Prices Review Board |
No rating |
|
| Privy Council Office |
|
- Legal risk is identified and discussed in Senior Management Committee meetings for both litigation and non-litigation matters
- Contingency planning occurs
- Receives Justice's Radar Screen
- Justice assists with drafting legal risk component of memoranda to Cabinet
|
| Public Health Agency of Canada |
No rating |
|
| Public Service Commission of Canada |
No rating |
|
| Canada Public Service Agency |
Unrated |
- Policy Council checklist for policy proposals includes legal consultation
- Legal risk assessment is part of TBS submissions as TBS counsel reviews
- Litigation coordinator monitors, manages and provides information on litigation
- Plans to have TBS counsel and senior management determine legal services priorities which will be part of annual planning process
- TBS Counsel scans legal developments and trends that might be of relevance to portfolio activities and distributes this information to branches
- TBS Counsel provides horizontal advice on legal risk management strategies
|
| Royal Canadian Mounted Police |
No rating |
|
| Social Development Canada |
Unrated |
- Social Development Litigation Committee with senior officials and legal services manages legal risks on high risk litigation files
- Have developed a legal risk management framework that includes identification of high impact litigation involving department, assessment of legal risks, development of contingency plans as well as identification of non-litigation legal risks and legal trends
- Contingency plans are jointly prepared with department and LSU
- Provides information for Justice's legal risk reports (Top 100, High Impact Cases, Early Warning Cases, etc.)
|
| Transport Canada |
Unrated |
- LSU works with department policy and program managers and uses instrument choice to minimize risk
- LSU provided courses on instrument choice to inspectors across Canada
- Contingency planning and dispute resolution processes are current issues for the department
|
| Treasury Board Secretariat (TBS) |
Unrated |
- TBS Counsel signs off on TBS submissions so legal risk assessments are an integral part of process
- TBS Counsel is implementing meetings with senior management to determine portfolio's priorities for legal services as part of annual planning process
- TBS Counsel scans legal developments and trends that might be of relevance to portfolio activities and distributes this information to branches
- TBS Counsel provides horizontal advice on legal risk management strategies
|
| Veterans Affairs Canada |
Unrated |
- There is not a LRM Committee because there are few litigation cases
- Receives quarterly iCase reports on legal risk for department
- LSU Head and Director General discuss whether strategic management of any cases is required
- For one major litigation file, the departmental Executive Board served as ad hoc, case-specific LRM Committee
|
| Western Economic Diversification Canada |
Unrated |
- All new programs or partnerships are subject to a legal review and consultation to identify risk or liability
|
