Legislative Services Branch Evaluation

Appendix D: Staff Survey Questionnaire

Survey of Legislative Services Branch Staff

In which official language would you like to complete the questionnaire? / Dans quelle langue officielle voulez-vous répondre au questionnaire?

The Department of Justice is conducting an evaluation of the Legislative Services Branch (LSB). The purpose of the evaluation is to assess the extent to which the LSB provides relevant and effective legislative and regulatory drafting services to the federal government.

Thank you for participating in a survey for the evaluation of the LSB. The purpose of this survey is to obtain information that will contribute to an assessment of the extent to which the LSB provides effective and responsive legal services to federal government departments and agencies.

In addition to this survey, the evaluation includes other lines of evidence, such as: a review of documents and data; key informant interviews with representatives from the Department of Justice and other federal departments and agencies; a file review; and case studies. Your response is very important to us.

Your participation is completely voluntary. Your identity will not be attached to your individual responses. Responses from the survey will be analysed in aggregate. Your individual answers will not be shared with the LSB.

The survey should take approximately 30 minutes to complete. We would appreciate your completing this survey by [Date].

R.A. Malatest & Associates Ltd., a professional research firm, was hired by the Department to assist with the evaluation. If you have questions about the survey, please contact Carole Chartrand of R.A. Malatest & Associates Ltd., at c.chartrand@malatest.com or at 613-688-1847, extension 103. For questions about the evaluation in general, you may communicate with Louise Grace of the Department of Justice Evaluation Division, at louise.grace@justice.gc.ca or at 613-946-7473.

Background

[Ask all]

1. When did you first join the Department of Justice?

  1. Less than a year ago
  2. Between 1 and 5 years ago
  3. Between 6 and 10 years ago
  4. More than 10 years ago

2. What is your classification level?

  1. Counsel or Legislative Counsel (LA-1 and LA-2A)
  2. Senior Counsel, General Counsel, or Senior General Counsel (LA-2B, LA-3)
  3. Manager (LC)
  4. Professional, non-counsel (EC)

3. In which section or unit do you currently work? (Please select ONE)

  1. Regulations Section
  2. Legislation Section
  3. Advisory and Development Services Section
  4. Legislative Revision Services Group
  5. Other

4. As part of your work with the LSB, what services do you provide? (Select all that apply)

  1. Drafting regulations
  2. Drafting legislation
  3. Advisory
  4. Harmonization
  5. Revision
  6. Management

Requests and Instructions

5. In the past five years, please indicate if you have noticed a change in terms of each of the following: [1.1, 1.2, 5.1]

Request is defined as any request for legislative services

[Ask all]

a. The overall volume of requests/files

b. The overall complexity of the requests/files

c. The volume of requests/files involving more than one government department/ agency

d. The volume of requests/files involving both legislative and regulatory drafting at the same time

e. The volume of requests/files with high profile issues/high media coverage

f. The volume of requests/files with short timelines/deadlines for completion

g. The volume of requests/files that involve Charter issues

h. The volume of requests/files that involve close collaboration with PCO or other central agencies

i. The volume of requests/files that have economic/financial aspects

 [ASK ONLY those involved in Regulations Drafting (Q4 = 1) or Q3= 1 AND Q4 = 6]

j. The volume of requests/files with which a Regulatory Impact Analysis Statement (RIAS) is sent with the drafting instructions

k. The volume of requests/files exempt from pre-publication

l. The volume of requests/files that require significant changes be made prior to publication in the Canada Gazette II

 [ASK ONLY those involved in Legislation Drafting (Q4 = 2) or Q3= 2 AND Q4 = 6]

m. The volume of requests/files that involve enabling authority for subordinate instruments

n. The volume of requests/files for which pre-drafting authority has been granted

o. The volume of requests/files with a significant number of motions to amend

[Ask all]

6. To what extent have changes to requests made of the LSB over the past five years affected the Branch’s ability to provide high quality service in response to those requests? [1.2]

7. In your experience, to what extent do client requests include the following at the time they are made? [2.1, 5.1]

a. The necessary policy development to support the request

b. The background information (relevant legislation/ regulations, opinions, correspondence, etc.) to support the request

c. Information and instructions in both official languages

d. Overall adequate information to support the services requested from the LSB

Drafting Process

[Ask only if Q4 = 1 or 2 or Q3= 1 or 2 AND Q4 = 6]

8. What is the average duration of the drafting project(s) in which you are involved? [2.1, 5.2]

9. To what extent do you agree with the following statements about the drafting process? [2.2, 5.1]

a. The current co-drafting model is effective

b. File assignment within LSB is appropriate with respect to workload

c. File assignment within LSB is appropriate with respect to experience

d. Instructing officers designated by the client department are competent to review and comment in both official languages

e. Instructing officers designated by the client department are able to give substantive advice on drafts

f. Instructing officers being present in the drafting rooms while developing the draft is effective

g. Drafting rooms are available when needed

h. Drafting rooms are adequately equipped

10. In your experience, to what extent do you have the opportunity for sufficient and timely consultation with the following groups to ensure quality and consistency in drafting products? [2.2, 2.4, 5.1]

Products are defined as Bills, regulations, and opinions

a. The client(s)

b. Senior counsel, general counsel and senior general counsel from LSB

c. Legislative counsel from a Regulations Section (excluding co-counsel)

d. Legislative counsel from the Legislation Section (excluding co-counsel)

e. Jurilinguists

f. Revisors

g. Bijuralists

h. Advisory and Development Services Group

i. Public Law Sector

j. Litigation Branch

k. Criminal Law Policy Section

l. Other Justice sections

m. DLSU Counsel

n. Privy Council Office

o. Other central agencies

11. To what extent do any of the following factors present challenges to the Branch’s ability to meet client requests within reasonable timelines? [2.1]

a. Deadlines requested by clients

b. The completeness of information provided in the drafting instructions

c. Changes to drafting instructions over the course of a file

d. The completeness of information provided in the RIAS

e. Changes in requests associated with the parliamentary calendar

f. Changes to the legislative priorities of government

g. Difficulties scheduling time with instructing officers

h. Overall workload

i. The workload of the Legislative Revision Services Group

j. The workload of the Advisory and Development Services Section

k. The level of re-drafting in response to input/comments

l. The involvement of multiple departments on a single file

m. The level of legal consultation/ advisory services required on a file

n. The level of legal risk associated with a file

o. The level of media attention associated with a file

Advisory Services

[Ask only if Q4 = 3 or 6]

12. How frequently do you provide services to requests from LSB staff on the following? [2.1]

a. Comparative law matters

b. Advice on language matters

c. Instrument choice

d. Incorporation by reference

e. Interpretation of legislative text

f. Enabling authority

g. Review of legal precedents

13. How frequently do you provide the following services to external clients? [2.1]

a. Legal advice

b. Advice on language matters

c. Instrument choice

d. Incorporation by reference

e. Interpretation of legislative text

f. Review of legal precedents

g. Review of facta/affidavits

h. Advice respecting enabling authority

14. In your experience, to what extent do you have the opportunity for sufficient and timely consultation with the following groups to ensure quality and consistency in advisory services? [2.2, 2.4, 5.1]

a. The client

b. Senior counsel, general counsel and senior general counsel from LSB

c. Legislative counsel from a Regulations Section

d. Legislative counsel from the Legislation Section

e. Jurilinguists

f. Revisors

g. Bijuralists

h. Public Law Sector

i. Litigation Branch

j. Criminal Law Policy Section

k. Other Justice sections

l. DLSU counsel

m. Privy Council Office

n. Other central agencies

15. To what extent do any of the following factors present challenges to the Branch’s ability to meet client requests for advisory services within reasonable timelines? [2.1]

a. Deadlines requested by clients

b. The completeness of information provided in the request

c. Changes to the request over the course of a file

d. Difficulties scheduling time with client

e. Overall workload

f. The workload of the Legislative Revision Services Group

g. The workload of the Legislation Section

h. The workload of the Regulations Sections

i. The amount of re-drafting required in response to input/comments

j. The amount of legal consultation required on a file

k. A high level of legal risk associated with a file

Tools and Resources

[Ask all]

16. In your opinion, how useful are the following tools for ensuring consistency in the drafting process and legislative products? [2.4, 3.1]

a. Legislation Deskbook

b. Regulations Manual

c. Other drafting guides

d. CYBERLEX

e. EPIC

f. Bijurilex.ca

g. Laws website

h. Termium

17. In your opinion, do you have sufficient/appropriate information technology and support available to do your work effectively and efficiently? [5.4]

18. In your opinion, are there other tools that would improve your work? [2.4, 3.1, 5.1]

19. In your opinion, is there evidence of any duplication of effort in LSB services? [5.1]

20. Have you noticed any gaps or shortcomings in LSB services? [5.1]

Training

[Ask all]

21. Over the past five years, have you received any LSB training in any of the following areas? [2.4]

a. Legislative drafting

b. Interpretation

c. Legislative process

d. Regulatory process

e. Substantive law issues (ex. user fees, bijuralism)

22. When did the most recent LSB training you received take place? [2.4]

  1. Within the last 12 months
  2. Between 1 year and 5 years ago
  3. More than 5 years ago
  4. I have never received training [Go to Q24]

23. To what extent do you agree with the following statements about LSB training? [2.4]

a. The internal training I received was relevant to my work.

b. There is a need for additional internal training on legislative drafting.

c. There is a need for additional internal training on interpretation of legislative texts.

d. There is a need for additional internal training on the legislative process.

e. There is a need for additional internal training on the regulatory process.

f. The frequency of the internal training provided by LSB is adequate.

24. Are there areas in which you would like to receive additional training? [2.4]

  1. Yes. (specify):
  2. No

25. a. Have you ever provided LSB training to persons outside the LSB?

  1. Yes
  2. No [Go to Q27]

b. When did you last provide LSB training? [2.4]

  1. Within the last 12 months
  2. Between 1 year and 5 years ago
  3. More than 5 years ago

c) To whom did you provide training? [2.4]

(Select all that apply)

  1. Other Justice staff
  2. External clients

26. Please select the topic area(s) that you have provided to other government personnel? [2.4]

a. Legislative drafting

b. Interpretation

c. Legislative process

d. Regulatory process

e. Substantive law issues (ex. user fees, bijuralism)

27. Do you have any further comments you would like to add?

Thank you for taking the time to complete this survey.