Legal Services (updated December 2025)

On this page

• How to use this tool
• Validation
• Defining the activity
• Relationship to other GVTs
• Key inputs
• Retention context
• Business processes
  1. Legal advice and oversight
  2. Preparation of legal documents
  3. Litigation services
  4. Legislative drafting

How to use this tool

This tool is designed for Government of Canada (GC) information specialists to use with relevant business areas when identifying records and retention specifications. For clarity and understanding, this refers to evidence of activities that institutions create, collect, and manage to fulfill their mandate, make decisions, deliver programs, and be accountable to Canadians. The term record (or records) is used throughout the tool to encompass information and data that provide evidence of GC activities.

The records and retention specifications contained in this document are recommendations only and should be customized to apply in specific institutional context. The complete document should be read before applying any recommendations.

This GVT does not provide Government of Canada institutions with the authority to dispose of information. GVTs are not records Disposition Authorizations (DAs) nor do they replace Multi-Institution Disposition Authorizations (MIDAs).

The advice provided within is relevant to all GC departments as defined in section 2 of the Financial Administration Act (FAA) unless excluded by specific acts, regulations, or Orders in Council. Institutions defined as such are subject to TBS policies and are therefore likely to share common terminology and approaches. However, the advice in this GVT provides best practices for recordkeeping at the federal level. As such, it is also helpful for all federal institutions, including arm’s-length institutions that are only subject to limited portions of the FAA (i.e., Crown corporations) and those not subject to the FAA at all (e.g., shared governance organizations).

Validation

The business processes and records of this version of the GVT have been validated by subject matter experts from the following departments: the Office of the Information Commissions, Library and Archives Canada the Department of Justice (JUS), the Public Prosecution Service of Canada, Treasury Board of Canada Secretariat, Halifax Port Authority, the Transportation Safety Board, and Employment and Social Development Canada.^{Footnote 1}

Retention specifications established in relation to Legal Services, and this GVT, should also consider Multi-Institution Disposition Authority (MIDA) 2009/001, the Disposal of Records Provided in Confidence to a Government Institution.

Defining the activity

According to Info Source — a TBS inventory of GC records — Legal Services involve “activities undertaken to enable government departments and agencies to pursue policy, program and service delivery priorities and objectives within a legally sound framework.” These activities include “the provision of policy and program advice, direction in the development and drafting of the legal content of bills, regulations, and guidelines; assistance in the identification, mitigation and management of legal risks; legal support in ensuring compliance and enforcement of standards, regulations and guidelines; and representing the Crown’s interests in litigation.” This may involve “legal advice, preparation of legal documents, litigation services, and legislative drafting.”^{Footnote 2}

For ministerial departments, departmental agencies, and some departmental corporations, the Department of Justice (JUS) is the central authority for all legal activities. Under the Department of Justice Act, the Minister of Justice is also the Attorney General of Canada, responsible for advising the heads of departments on all matters of law.^{Footnote 3} While the general policy at JUS is for in-house counsel to perform legal work as part of this mandate, JUS also maintains contracts for private sector law firms and law practitioners (appointed as Legal Agents) to assist in delivering legal services.^{Footnote 4}

Within federal institutions, approaches to managing Legal Services vary. Some institutions have permanent units dedicated to legal matters, including interactions with JUS, while others rely on staff closely linked to or knowledgeable about specific cases or contexts. The type of unit that manages Legal Services depends on institutional needs. For example, some institutions assign responsibility to organizational units focused on developing corporate policies or strategies, others maintain specialized litigation support offices if the institution is frequently involved in court proceedings, and some have offices dedicated exclusively to establishing or modifying regulations.

Arm’s-length institutions—such as Crown Corporations, shared governance organizations, and Agents of the Crown—are responsible for managing their own legal activities as they are not eligible to use the services of JUS. These institutions typically maintain an internal legal team and/or use the services of external law firms.

The recommendations presented in this GVT could also be applicable to GC institutions outside the mandate of JUS; however, sources relevant to the institution’s function and mandate (legislation, business processes, etc.) should also be considered before putting retention specifications into place.

Relationship to other GVTs

While every effort has been made to identify only the processes and records directly supporting the main activity covered by the GVT, overlaps are inevitable. When records from a given activity are covered in another GVT, references are included in the tables that follow.

Key inputs

The business processes herein were defined according to a variety of policy instruments and contextual documents produced by JUS, Privy Council Office (PCO) and TBS, including:

• Service Standards for the Provision of Legal Services in Government
• Department of Justice Legal Services Client Feedback Survey: Survey Results – Cycle IV 2020–2022
• Guide to Making Federal Acts and Regulations
• Cabinet Directive on Streamlining Regulation (PDF document)
• Cabinet Directive on Regulation (PDF document)
• Policy on Regulatory Transparency and Accountability^{Footnote 5}

The Statutory Instruments Act and the Statutory Instruments Regulations, which govern the creation of regulations, were also examined in detail, as were various requirements that also govern the institutions’ obligations during litigations, including the Evidence Act.

Retention context

Recommended retention specifications in GVTs are determined based on traditional or best practices, a review of government-wide legislation and policy, and validation with subject matter experts. Retention periods are suggestions only; departments must consider their own legislative requirements, legal, administrative, and business needs.

In addition, recommendations for legal services were developed based on the Department of Justice Retention and Disposition Schedule (2012). The department considered section 437 of the Federal Court Rules to arrive at the recommended retention specifications contained therewithin, which are presumed standard across JUS Legal Service Units.

Business processes

Legal Services has four business sub-processes, with several associated activities and records.

1. Legal advice and oversight

Includes requesting and receiving legal opinions, risk analyses, and advice concerning ongoing operations and programs of government institutions, as well as identifying and signalling legal trends and developments.

Legal advice and oversight

Business subprocess	Subprocess activities	Records	Retention period	Retention trigger	Retention exception
Legal advice and oversight	Providing policy and program advice Ensuring compliance to standards and regulations Providing legal opinions Requesting legal advice vRequesting legal documents	Pertinent legal advice and/or strategies found in, for example: Requests Risk analysis Legal opinions Legal decisions Legal analysis/analyses Legal advice Memoranda Draft authorizations, permits, licences, etc. Reports Reference material Presentations Title searches Correspondence Terms of reference, agenda, meeting notes, minutes, records of decisions Draft Memoranda to Cabinet Briefing materials Backgrounders Draft TB submissions Q&As/FAQs Briefing materials Response Reports and supporting documents, including documentation generated internally Checklists, guidelines, procedures, Q&As, templates, forms, handouts, reference material and related forms Presentations * Includes correspondence documenting decisions or substantive opinions, and substantive drafts (drafts reflecting substantive content-based modifications rather than simple editorial alterations)	12 years	After file closure	25 years after file closure where the records relate to First Nations, Inuit and Métis Nation matters or to real property and land

2. Preparation of legal documents

Encompasses the development of legal agreements, such as contracts, treaties, authorizations, permits, real property documents, and memoranda of understanding.

Preparation of legal documents

Business subprocess	Subprocess activities	Records	Retention period	Retention trigger	Retention exception
Preparation of legal documents	Negotiating the content of the document Assessing legal issues Drafting	Agreements Contracts Memoranda of understanding Title searches Authorizations Permits Treaties Real property documents, including: leases covenants rights of way easements transfer documentation other land title documents Transfers of administration and control Relevant drafts of above records that reflect significant change in direction Reports Party positions Templates, forms, checklists and related items Q&As/FAQs Briefing materials Reports and supporting documents, including documentation generated internally Checklists, guidelines, procedures, Q&As, templates, forms, handouts, reference material Agenda, meeting notes, minutes, records of decisions, terms of reference Presentations * Includes correspondence documenting decisions or substantive opinions, and substantive drafts (drafts reflecting substantive content-based modifications rather than simple editorial alterations)	12 years	After file closure	25 years after file closure where the records relate to First Nations, Inuit and Métis Nation matters or to real property and land

3. Litigation services

Include proceedings before all court levels and before administrative and inquiry bodies, domestically and internationally, both for civil and criminal litigation as well as out-of-court settlements and alternative dispute resolution. Litigation Services also involve representing the institution in the resolution of litigious or potentially litigious matters, gathering (including investigations) and challenging evidence in accordance with applicable rules of evidence, and developing legal positions and making submissions to preserve the interests of the institution or those of the federal government as a whole.

Litigation services

Business subprocess	Subprocess activities	Records	Retention period	Retention trigger	Retention exception
Litigation services	Preparation and filing of pleadings Producing affidavits/documents/ evidence Examination for discovery Preparation for and conduct of trial Appeals process	Witness statements Formal notices Subpoena Expert reports, including material generated by departments involved in litigation Legal risk assessments/risk analysis reports Input from related business areas Injunctions Argumentation plans/legal positions/legal opinions Formal notices Sworn statements/affidavits Investigation reports Writs of mandamus Transcripts of examination for discovery Transcripts of hearings Disclosure packages Briefing notes Legal decision Correspondence Litigation hold notices, including revisions, advice and guidance Presentations Checklists, guidelines, procedures, Q&As, templates, Forms (Document Preservation Action Forms, handouts, Reference material Pleadings (Statement of Defence, Statement of Claim, Notices of appeal, Factums, etc.) Records from litigation committees (terms of reference, meeting notes, presentations, records of decision, minutes, agendas) Strategies for litigation concerning strategic plans, memoranda, legal risk assessment, contingency plans, etc. Legal financial records (quarterly reports on claims and pending and threatened litigation estimates of potential liability or recoveries, etc.) Correspondence * Includes correspondence documenting decisions or substantive opinions, and substantive drafts (drafts reflecting substantive content-based modifications rather than simple editorial alterations)	12 years	After file closure	25 years after file closure where the records relate to First Nations, Inuit and Métis Nation matters or to real property and land

4. Legislative drafting

Encompasses everything an institution does in relation to the adoption or modification of an Act, Regulation, or other statutory instrument.

Legislative drafting

Business subprocess	Subprocess activities	Records	Retention period	Retention trigger	Retention exception
Legislative drafting	Development of statutes	Proposals, memos, plans, etc., for example: Proposals, including policy Copy of Memoranda to Cabinet Footnote 1 Footnote 2 Drafting instructions Draft bills Bill as tabled Committee proceedings and materials prepared for that purpose Bill as amended in committee if applicable Plans, including project plan, consultation plan, communications, etc. Profiles of affected industries or other groups Analysis Overview of additional questions raised during the debates Written critique of the proposed amendment Briefing notes Briefing to the minister Questions and answers (Q&As), templates, forms, handouts Speeches Presentations Consultations Stakeholder input Bill as tabled Checklists, guidelines, procedures Agenda, meeting notes, minutes, presentations, records of decisions, terms of reference Parliamentary information packages (backgrounder, clause-by-clause analysis, issues papers, general Q&As caucus and opposition briefing decks, highlight sheets, descriptions of the consultation process)	12 years	After file closure	None
	Developing regulations and other statutory instruments	Forward regulatory plans Proposal and relevant memos to minister Analyses of legal environment, costs, enabling authorities and other situations Drafting instructions Draft regulations Regulation as published in Canada Gazette: Part 1 Stakeholder consultation and engagement records from all stages of the process, including other government departments and agencies Notice of registration of final instrument Regulatory management process, including communications plan, compliance and enforcement Performance Measurement and Evaluation Plan (PMEP)Footnote 3 Regulatory Impact Analysis Statement (RIAS)Footnote 4 Reviews of the Regulatory Program, including the Regulatory Stock Plan * Includes correspondence documenting decisions or substantive opinions, and substantive drafts (drafts reflecting substantive content-based modifications rather than simple editorial alterations)	12 years	After file closure	None