Page 9

Para 5.13

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Strategic Planning

Justice Canada should complete its corporate strategic planning and develop strategies to meet its long-term goals.

OAG  Recommendation

The Department agrees with the Auditor General’s recommendation.  The Department created the Office of Strategic Planning and Performance Management in February 2005 to begin to strengthen the Department’s strategic planning and performance management capabilities, including integrating planning and strategic analysis, and performance measurement and reporting for the Department.  The Department is also developing a corporate human resources strategy, which encompasses the key strategic human resources priorities of the Department as well as other human resources management initiatives in support of government-wide priorities.  The Department will continue its efforts to implement planning frameworks and processes that reflect the unique needs and challenges that it faces in meeting its strategic outcomes.

Department’s Response

In 2007, the department launched a 3-year Human Resources Management Plan which outlines key priorities and supporting initiatives that the department will undertake to respond to its current and future challenges in the area of HRM as well as the government-wide initiative on Public Service renewal.

The Department has completed its third cycle of integrated business planning.  The information obtained from the integrated business plans has been applied in a number of ways, including using the information to inform the development of the departmental Report on Plans and Priorities.  The Department received positive feedback from Treasury Board Secretariat in their 2007 annual assessment of the Department’s Management Accountability Framework on the continued progress on implementing an integrated business planning and reporting framework.  The annual Management Accountability Framework assessment exercise will continue to provide a good barometer of how Justice is doing and where the department needs to make further adjustments in the area of strategic planning.

Action

Completed

Completed

Timelines

Page 11

Para. 5.20

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Civil Legal Agents

Justice Canada should examine the weaknesses noted in its management of legal agents used for civil work and take corrective action.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation.  In fact, the Department has an action plan to support the continued implementation of improvements to the management of legal agents.  This action plan will also address the issues raised by the Auditor General.

Department’s Response

Documentation of an in-house search for qualified counsel prior to seeking outside counsel

Implementation of a more stringent process in determining whether a file should be outsourced and the introduction of templates and sign-off protocols to appropriately and consistently track and document the search for in-house counsel and the resulting rationale for outsourcing. 

The Department has taken a number of steps to renew the processes associated with the retention and management of legal agents for civil work.

Action

Completed

Timelines

(Continued)

Page 11

Para. 5.20

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Civil Legal Agents

Justice Canada should examine the weaknesses noted in its management of legal agents used for civil work and take corrective action.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation.  In fact, the Department has an action plan to support the continued implementation of improvements to the management of legal agents.  This action plan will also address the issues raised by the Auditor General.

Department’s Response

Rationale for the selection of civil legal agents

The Department launched an open process for the retention of civil legal agents.  Law firms or law practitioners interested in providing legal services to the Government of Canada were invited to register their interest through an Expression of Interest process launched by the Department in 2005.  As a result of this process, there are currently over 350 law firms and law practitioners registered with the Department.

To qualify for specific work required by the Department, law firms and law practitioners are assessed against objective criteria by a team of departmental officials knowledgeable with the specific file requirements and a recommendation is formulated to the Minister of Justice and Attorney General for final approval.

Action

Completed

Timelines

(Continued)

Page 11

Para. 5.20

Page / Paragraph

Civil Legal Agents

Justice Canada should examine the weaknesses noted in its management of legal agents used for civil work and take corrective action.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation.  In fact, the Department has an action plan to support the continued implementation of improvements to the management of legal agents.  This action plan will also address the issues raised by the Auditor General.

Department’s Response

Evaluation of the Performance of civil legal agents

 A pilot project is underway to test a performance appraisal designed for legal agents.

  Update April 2009

The evaluation of the performance of legal agents is an important factor in assessing their suitability to be appointed for a given mandate.  In being considered for an appointment as a legal agent, law firms and law practitioners are assessed by departmental experts against defined requirements and criteria.  An evaluation of their past performance as legal agents is factored into this process and documented on file.  Other events that trigger an evaluation of a legal agent’s performance include the renewal or extension of an existing appointment or a renegotiation of the terms of an existing contract, as well as the proposed termination of an appointment.

Monitoring of Ongoing Costs

Appropriate controls have been added so that increase in the cost projections are duly justified and approved and are documented on the record.

Basic information regarding working arrangements

Introduction of a revised and more extensive legal agent appointment package which includes statement of work, business requirements, remuneration arrangement, terms and conditions of appointment, legal agent travel allowances and personnel screening, consent and authorization form.

Action

March 2009

Completed

Completed

Completed

Timelines

(Continued)

Page 11

Para. 5.20

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Civil Legal Agents

Justice Canada should examine the weaknesses noted in its management of legal agents used for civil work and take corrective action.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation.  In fact, the Department has an action plan to support the continued implementation of improvements to the management of legal agents.  This action plan will also address the issues raised by the Auditor General.

Department’s Response

Steps are now underway to develop a civil legal agent Operational Directive and Manual that will address all of the elements noted above, for implementation by the end of fiscal year 2008-2009.

Update April 2009

The Departmental Internet and Intranet sites have been updated to provide operational details and general guidance on all of the elements noted above. A formal and detailed Operational Directive has been drafted and is in the process of being refined with a view to being finalized by the end of Fall 2009.

Action

March 2009

Fall 2009

Timelines

Page 12

Para. 5.25

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Alternative Dispute Resolution Initiatives

In addition to its current management of alternative dispute resolution initiatives, Justice Canada should ensure that it clearly defines each initiative’s objectives, estimates the potential cost savings and formally reviews the outcome of initiatives against their objectives.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation, which is consistent with the recent review of the Department’s dispute resolution initiative that has resulted in a new mandate focused on providing services to departments supporting long-term prevention and early resolution of disputes.  These client-focused services include systems design, legal advisory support, and training, all of which are linked to the departmental priorities of improving practice management and managing the volume of litigation.

Department’s Response

DOJ will conduct an analysis of the federal experience in mediation by comparing results of litigation files closed in 2006-08 in jurisdictions where there are mandatory or quasi-mandatory mediation processes and in jurisdictions where no such programs exist.  Over the next several months, Justice will finalize the analytical framework including case review and data collection tools.  Once the framework is available, the DOJ will select a consultant to conduct the analysis.  The review of 2006-08 cases should be completed by February 2009 with partial analytical results available by mid-2009. 

In addition, the Department of Justice intends to lead a multi-year collaborative project with other federal departments and agencies to develop performance measurement tools for ADR initiatives by the end of 2009-2010 (phase 1), to be followed by the performance assessment of ADR pilot projects in selected departments and agencies depending on their priorities in 2010-2012 (phase 2), and the release of results starting in 2012-2013 (phase 3).

Update April 2009

Dispute Prevention and Resolution Services (DPRS) is leading a multi-disciplinary working group to conduct an analysis of the federal experience in mediation by comparing results of litigation files closed in 2006-2008 in jurisdictions where there are mandatory mediation processes (i.e., Ontario) or quasi-mandatory mediation processes (i.e., British Columbia) and in jurisdictions where no such programs exist (i.e., Nova Scotia).  The review of 2006-2008 cases was completed in January 2009; and interviews with DOJ counsel and officials from other departments and agencies were completed in March 2009.  A consultant has been hired to analyze the data.  Partial analytical results are expected by mid-2009.

Action

Partial results:

mid-2009

Phase 1:
March 2010

Partial results mid-2009

Timelines

Page 13

Para. 5.29

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Reporting to Parliament

Justice Canada should define performance measures for its corporate priorities and improve its performance reporting to Parliament.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation.  As part of its departmental performance report to Parliament, the Department will incorporate relevant measures from the annual assessment of our Management Accountability Framework completed by the Treasury Board Secretariat.

More broadly, the Department has implemented a number of changes to its annual reports on plans and priorities and departmental performance reports in an effort to improve reporting to Parliament and the public on the results of departmental initiatives and priorities.  Also, as part of its efforts to improve reporting, the Department has implemented a practice whereby a committee of performance measurement specialists within the Department, as well as one external adviser, assess the quality of data used to arrive at management’s assessments of the degree to which the Department is achieving its priorities each year.  The results of these reviews are reported in the departmental performance report.

Department’s Response

The Department has continued to implement changes to its annual reports to Parliament (the Report on Plans and Priorities (RPP) and the Departmental Performance Report (DPR)).  Elements relating to reporting to Parliament contained in the department’s annual Management Accountability Framework assessment exercises (from the Treasury Board Secretariat) will continue to be incorporated in the department’s RPP and DPR.

Update April 2009

The Department continued efforts to develop and implement a Performance Measurement Framework as per the government’s Management Resources and Results Structure (MRRS) Policy.  The Performance Measurement Framework identifies two expected results and associated performance indicators for each program activity, sub-activity and sub sub-activity identified in the Program Activity Architecture.  The Framework was an important element that aided the department to successfully undertake, during 2009, a Cabinet directed review of all departmental direct spending.  Additionally, the Department continues to refine its approach to making the annual Reports on Plans and Priorities and Departmental Performance Reports more accessible and easily understandable to Parliament and the public.

Action

Completed

Ongoing

Timelines

Page 21

Para. 5.62

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Quality Assurance

Justice Canada should develop a quality management system or systems for each of its practices to provide senior management with ongoing and reliable assurance that all services meet established minimum quality standards.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation and will build on the elements of its quality work recognized by the Office of the Auditor General with a view to having a sound quality management approach.

Department’s Response

Quality Assurance Framework

A working group is being established to develop an overall quality assurance framework for the delivery of legal services.  Anticipate the framework to be finalized by the winter with implementation in 2009-2010. 

Update April 2009

A working group has been established with representation from across the different areas of practice and functional areas.  A first meeting took place in June 2008 to review the mandate statement, provide an overview of quality assurance (QA) and begin the work on QA.  A research and fact finding phase is underway to assess what is available on QA and whether other similar organizations have defined ‘quality’ legal services and have QA systems in place. 

Action

Implementation in 2009-2010

Timelines

(Continued)

Page 21

Para. 5.62

Page / Paragraph

Quality Assurance

Justice Canada should develop a quality management system or systems for each of its practices to provide senior management with ongoing and reliable assurance that all services meet established minimum quality standards.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation and will build on the elements of its quality work recognized by the Office of the Auditor General with a view to having a sound quality management approach.

Department’s Response

Current Elements of Justice’s Quality Assurance Framework:

Service Standards

Justice is in the process of developing a core set of common service standards for legal services that will support Justice’s overall quality assurance framework.  This work is being integrated in the development of standardized legal services agreements. The development of common service standards will be informed by consultations with departments and agencies.

Update April 2009

The department has established a core set of common service standards for legal services to support Justice’s overall QA framework.  The national service standards are part of the new template for standardized MOUs with departments and agencies that came into effect April 1, 2009.  These service standards will provide a basis for ensuring consistency in the quality of legal services provided to departments and agencies.

Action

Implementation by April 2009

Completed

Timelines

(Continued)

Page 21

Para. 5.62

Page / Paragraph

Quality Assurance

Justice Canada should develop a quality management system or systems for each of its practices to provide senior management with ongoing and reliable assurance that all services meet established minimum quality standards.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation and will build on the elements of its quality work recognized by the Office of the Auditor General with a view to having a sound quality management approach.

Department’s Response

Legal Risk Management (LRM)

To support the work of LRM, a unit was created in the new Law Practice Management Directorate to coordinate legal risk management practices across the Department in our litigation, legislative drafting, policy and advisory work.  A Director was appointed in March 2008 and a work plan is being developed to ensure forward movement in all of the areas identified by the Auditor General in her report.

In addition, the Department is conducting an internal evaluation of how LRM is working in contributing to the effective delivery of legal services to Government.  The findings and recommendations from this evaluation, which is to be completed by the fall of 2008, will contribute to the further refinement and strengthening of legal risk management practices and procedures in the Department.

Update April 2009

The internal evaluation to determine how LRM is working in contributing to the effective delivery of legal services to Government was completed in 2007.  The findings, recommendations and management response were presented to and endorsed by the departmental Audit and Evaluation Committee in October 2008.

An Action Plan has been developed to respond to the recommendations of the evaluation report, including forward movement in all of the areas identified by the Auditor General in her report.  The Action Plan will tackle some of the outstanding issues that need to be addressed on the litigation side of the LRM house and the matters that require national and coordinated attention on the advisory and legislative services side. 

Action

Underway

Final report

September 2008

Timelines

(Continued)

Page 21

Para. 5.62

Page / Paragraph

Quality Assurance

Justice Canada should develop a quality management system or systems for each of its practices to provide senior management with ongoing and reliable assurance that all services meet established minimum quality standards.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation and will build on the elements of its quality work recognized by the Office of the Auditor General with a view to having a sound quality management approach.

Department’s Response

Legal Risk Management (LRM) (continued)

Update April 2009 (continued)

Key partnerships in legal risk management have been established and the Law Practice Management Directorate has launched a comprehensive process across the DOJ to examine LRM issues:

  A new LRM Interdepartmental Advisory Committee co-chaired by Justice and the Treasury Board Secretariat and other key departments and agencies is being established to ensure that our collective ownership for managing the Government of Canada’s legal risks is fully understood, for LRM is a shared responsibility.

  A new Legal Risk Management Network has been created to engage participants across the Department on LRM.  The Network promotes information sharing and best practices.  The Network meets as required.  Four meetings have taken place to date.

  Two Working Groups have been established with specific terms of references to address gaps or challenges in the LRM process. 

A Working Group on LRM in the Advisory and Legislative Services Context has met four times since December 2008 and has established three sub-committees to review: risk assessments; risk management practices; and training

A Working Group on LRM in the Litigation Context has met four times since December 2008 and has four sub-committees responsible for:  risk assessments; management; litigation reporting; and contingency planning.

The Working Groups are expected to report back by June 2009 with a view to presenting recommendations to the Law Practice Management senior advisory committee and the departmental Senior Management Board in the fall.

Action

Timelines

(Continued)

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Para. 5.62

Page / Paragraph

Quality Assurance

Justice Canada should develop a quality management system or systems for each of its practices to provide senior management with ongoing and reliable assurance that all services meet established minimum quality standards.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation and will build on the elements of its quality work recognized by the Office of the Auditor General with a view to having a sound quality management approach.

Department’s Response

Knowledge Management Strategy

A Chief Knowledge Officer was appointed in November 2007 to continue the department’s work in developing a Knowledge Management Strategy to support the delivery of legal services.  The research and fact finding phase, including identification of best practices in the private and public sectors, is scheduled to be completed by June 2008.  A blue print for implementing the strategy and undertaking pilot projects will be considered by the Law Practice Management Committee in the Fall.

Update April 2009

The research and fact finding phase was completed as scheduled (June 2008).  A LKM Strategy was presented and approved by the Department’s Senior Management Board in October 2008.  A LKM portal, one of the four elements of the Strategy, is under development with a view to having a first working prototype in place by September 2009. The new Portal will group together all resources and material used in the practice of law.  Work is also progressing on the other 3 elements:  culture change, establishing communities of practice and HR tools and processes.

Action

Research completed by June 2008

Timelines

(Continued)

Page 21

Para. 5.62

Page / Paragraph

Quality Assurance

Justice Canada should develop a quality management system or systems for each of its practices to provide senior management with ongoing and reliable assurance that all services meet established minimum quality standards.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation and will build on the elements of its quality work recognized by the Office of the Auditor General with a view to having a sound quality management approach.

Department’s Response

Formal feedback

The department has formalized its methodology for conducting client satisfaction surveys as suggested by the OAG.  As a result, survey results will be comparable and will allow Justice to compare the feedback across government and track changes in satisfaction over time.

Since the audit was undertaken, the department has received client feedback via a standardized web-based survey of government employees across 27 departments and agencies.  The results will be published in the 2007-2008 Departmental Performance Report.

Update April 2009

The Department has completed its first complete cycle of client feedback surveys across government, gauging client perceptions of the timeliness, usefulness and responsiveness of the legal services provided.  The Department administered the survey to over 18,300 public servants occupying positions at the EX minus 1 through DM levels across the country.  More than 6,200 civil servants responded to the survey.  The results from the survey have provided the Department with a baseline which can be used to track changes over time.  The second cycle of survey administration will begin in 2008-10 and continue for three years. The results from the feedback survey are used by managers to identify service issues and where appropriate to develop action plans for addressing any pressing issues.  Additionally, composite results of client feedback are published each year in the Departmental Performance Reports.

Action

Completed

Timelines

(Continued)

Page 21

Para. 5.62

Page / Paragraph

Quality Assurance

Justice Canada should develop a quality management system or systems for each of its practices to provide senior management with ongoing and reliable assurance that all services meet established minimum quality standards.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation and will build on the elements of its quality work recognized by the Office of the Auditor General with a view to having a sound quality management approach.

Department’s Response

Human resources strategy to support quality legal services

In 2007, the department launched a 3-year Human Resources Management Plan (2007-2010) which outlines key priorities and supporting initiatives that the department will undertake to respond to its current and future challenges in the area of HRM as well as the government-wide initiative on Public Service renewal.  These include among others, a succession planning framework, employee and leadership development.   

Action

Completed /

Ongoing

Timelines

Page 27

Para. 5.93

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Resource Management

Justice Canada should make improvements to its resource management.  The Department should:

•     Use management information on workload volumes and costs for all of its legal services to better monitor trends, plan, set priorities, manage resources, analyze service delivery options, and identify opportunities for controlling costs;

•     Work with client departments to effectively plan, manage, and improve the cost-effectiveness of their financial arrangements with a view to managing demand for legal services and thereby reducing costs; and

•     Ensure that a senior manager with the necessary authority leads the improvement of management practices at the Department and oversees implementation of these changes.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation.  The Department of Justice Canada will continue the work underway to develop approaches to further develop its capacity to use management information to enhance management decisions, and regularize its cost recovery agreements with government departments.

The Department is currently working on putting in place an initiative to better coordinate and integrate its law management practices.  The Department will, at the same time, review its management practices to identify and put in place corporate reports to provide management information to support departmental decision making.  Senior management authority to lead our work on management practices will be strengthened.

Department’s Response

Improving management practices

A new Management Sector was created in August 2007 to provide national leadership on all aspect of management and administration.  This sector brings together corporate services, strategic planning, performance measurement and reporting to Parliament as well as a new team responsible for coordinating and integrating law management practices – the Law Practice Management Directorate.

To further strengthen the Department’s ability to deliver quality legal services to the Government, a senior advisory committee – the Law Practice Management Committee was established in August 2007 to provide advice to the Deputy Minister and the department’s Senior Management Board.  It is chaired by an Associate Deputy Minister and is composed of senior managers and practitioners from across the department. 

Action

Completed

Timelines

(Continued)

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Para. 5.93

Page / Paragraph

Resource Management

Justice Canada should make improvements to its resource management.  The Department should:

•     Use management information on workload volumes and costs for all of its legal services to better monitor trends, plan, set priorities, manage resources, analyze service delivery options, and identify opportunities for controlling costs;

•     Work with client departments to effectively plan, manage, and improve the cost-effectiveness of their financial arrangements with a view to managing demand for legal services and thereby reducing costs; and

•     Ensure that a senior manager with the necessary authority leads the improvement of management practices at the Department and oversees implementation of these changes.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation.  The Department of Justice Canada will continue the work underway to develop approaches to further develop its capacity to use management information to enhance management decisions, and regularize its cost recovery agreements with government departments.

The Department is currently working on putting in place an initiative to better coordinate and integrate its law management practices.  The Department will, at the same time, review its management practices to identify and put in place corporate reports to provide management information to support departmental decision making.  Senior management authority to lead our work on management practices will be strengthened.

Department’s Response

Workload Information

In December 2006, the department expanded mandatory timekeeping to all types of legal services.  As a result, the Department will have baseline information on the costs for all types of legal services.  With this information, the department will be able to analyze the workload data and provide more detailed information to departments and agencies.  The Department has started reporting workload information in our Departmental Performance Report.

The Department will develop training and information sessions for managers on the type of information available to support them and departments and agencies in managing the workload by December 2008.

Action

Completed

December 2008

Timelines

(Continued)

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Para. 5.93

Page / Paragraph

Resource Management

Justice Canada should make improvements to its resource management.  The Department should:

•     Use management information on workload volumes and costs for all of its legal services to better monitor trends, plan, set priorities, manage resources, analyze service delivery options, and identify opportunities for controlling costs;

•     Work with client departments to effectively plan, manage, and improve the cost-effectiveness of their financial arrangements with a view to managing demand for legal services and thereby reducing costs; and

•     Ensure that a senior manager with the necessary authority leads the improvement of management practices at the Department and oversees implementation of these changes.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation.  The Department of Justice Canada will continue the work underway to develop approaches to further develop its capacity to use management information to enhance management decisions, and regularize its cost recovery agreements with government departments.

The Department is currently working on putting in place an initiative to better coordinate and integrate its law management practices.  The Department will, at the same time, review its management practices to identify and put in place corporate reports to provide management information to support departmental decision making.  Senior management authority to lead our work on management practices will be strengthened.

Department’s Response

Workload Information

Update April 2009

In November 2008, the Department of Justice (Justice) introduced a standard Memorandum of Understanding (MOU) template to support the provision of efficient and effective legal services to government departments and agencies. The MOU template was approved by Justice’s Senior Management Board on October 29, 2008 for implementation on April 1, 2009.  The MOU sets out a minimum set of reporting requirements for Justice and defines a core set of standard reports that will be made available to departments and agencies. 

In addition, the Department will develop guides and information sessions for managers on the type of information available in iCase - the department’s integrated case management, document management and time management system - to support them, and departments and agencies, in managing the workload related to the provision of legal services.  Work on this initiative has begun.  Adjustments may be required as the Department introduces new practice tools.  It is expected that a draft user guide will be available by the fall of 2009. 

Action

Fall 2009

Timelines

(Continued)

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Para. 5.93

Page / Paragraph

Resource Management

Justice Canada should make improvements to its resource management.  The Department should:

•     Use management information on workload volumes and costs for all of its legal services to better monitor trends, plan, set priorities, manage resources, analyze service delivery options, and identify opportunities for controlling costs;

•     Work with client departments to effectively plan, manage, and improve the cost-effectiveness of their financial arrangements with a view to managing demand for legal services and thereby reducing costs; and

•     Ensure that a senior manager with the necessary authority leads the improvement of management practices at the Department and oversees implementation of these changes.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation.  The Department of Justice Canada will continue the work underway to develop approaches to further develop its capacity to use management information to enhance management decisions, and regularize its cost recovery agreements with government departments.

The Department is currently working on putting in place an initiative to better coordinate and integrate its law management practices.  The Department will, at the same time, review its management practices to identify and put in place corporate reports to provide management information to support departmental decision making.  Senior management authority to lead our work on management practices will be strengthened.

Department’s Response

Standardized legal services agreements

An initiative was launched in March 2007 to standardize Justice’s service agreements.  Governance, price and performance reporting (including service standards) will represent key components of the service agreements.  Scheduled for implementation by April 1, 2009 – after internal and external consultations with departments and agencies have been completed. 

A uniform cost recovery approach

With Treasury Board’s approval, on April 1, 2007 a uniform cost recovery approach that is applied to all legal services provided to departments and agencies by Justice was implemented across government.  As a result, cost recovery arrangements are more consistent, appropriately documented and more efficient to administer.

Action

Implementation by April 2009

Completed

Timelines

(Continued)

Page 27

Para. 5.93

Page / Paragraph

Resource Management

Justice Canada should make improvements to its resource management.  The Department should:

•     Use management information on workload volumes and costs for all of its legal services to better monitor trends, plan, set priorities, manage resources, analyze service delivery options, and identify opportunities for controlling costs;

•     Work with client departments to effectively plan, manage, and improve the cost-effectiveness of their financial arrangements with a view to managing demand for legal services and thereby reducing costs; and

•     Ensure that a senior manager with the necessary authority leads the improvement of management practices at the Department and oversees implementation of these changes.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation.  The Department of Justice Canada will continue the work underway to develop approaches to further develop its capacity to use management information to enhance management decisions, and regularize its cost recovery agreements with government departments.

The Department is currently working on putting in place an initiative to better coordinate and integrate its law management practices.  The Department will, at the same time, review its management practices to identify and put in place corporate reports to provide management information to support departmental decision making.  Senior management authority to lead our work on management practices will be strengthened.

Department’s Response

Standardized legal services agreements

Update April 2009

Following extensive consultations both within and outside Justice, a standardized Memorandum of Understanding for legal services was endorsed by the Justice Senior Management Board in October 2008 for implementation on April 1, 2009. 

The introduction of a standardized MOU: streamlines the approach for negotiating and drafting MOUs; responds to observations made in the May 2007 OAG’s Report regarding inconsistent administration and financial arrangements between Justice and other departments and agencies; conforms with the emerging TB policy framework for service and guidance with respect to service agreements between departments and agencies; clarifies that the overall framework for managing and funding the demand for and provision of legal services is implemented through joint planning and forecasting discussions between Justice and departments and agencies; and promotes a common understanding of underlying elements of governance, price and performance in the context of the delivery of legal services in government.

Action

Completed

Timelines

(Continued)

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Para. 5.93

Page / Paragraph

Resource Management

Justice Canada should make improvements to its resource management.  The Department should:

•     Use management information on workload volumes and costs for all of its legal services to better monitor trends, plan, set priorities, manage resources, analyze service delivery options, and identify opportunities for controlling costs;

•     Work with client departments to effectively plan, manage, and improve the cost-effectiveness of their financial arrangements with a view to managing demand for legal services and thereby reducing costs; and

•     Ensure that a senior manager with the necessary authority leads the improvement of management practices at the Department and oversees implementation of these changes.

OAG Recommendation

The Department agrees with the Auditor General’s recommendation.  The Department of Justice Canada will continue the work underway to develop approaches to further develop its capacity to use management information to enhance management decisions, and regularize its cost recovery agreements with government departments.

The Department is currently working on putting in place an initiative to better coordinate and integrate its law management practices.  The Department will, at the same time, review its management practices to identify and put in place corporate reports to provide management information to support departmental decision making.  Senior management authority to lead our work on management practices will be strengthened.

Department’s Response

Standardized legal services agreements

Update April 2009 (continued)

A central repository for all legal services agreements is also being established.

The standardized MOU for legal services that came into effect April 1, 2009:

recognizes that joint planning discussions on service requirements, priorities, and risks form the basis for resource requirement forecasts and subsequent reporting against plans;

promotes a common understanding of fee structures for the provision of legal services in government and related price, invoicing and payment mechanisms; and

identifies specific requirements for management information on workload volumes and costs.

Financial information

Elements of required financial information will be included in the initiative related to Legal Services Agreements.

Action

Completed

Timelines