Creation of Positions in the Law Management (LC) and Law Practitioner (LP) groups

Date: January 17, 2022
To: Heads of Human Resources

The purpose of this bulletin is to remind organizations to consult with the Department of Justice on the creation of Law Management (LC) and Law Practitioner (LP) positions outside of the Department of Justice. The Department of Justice holds the exclusive authority to approve the provision of legal services, except for those organizations whose enabling legislation includes the authority to provide legal services or legal advice.

Background

Under Section 5 of the Department of Justice Act, the Minister of Justice, as Attorney General of Canada, is the chief law officer of the Crown. As per the Department of Justice Act, the Department supports the Attorney General of Canada who “shall advise the heads of departments of the Government on all matters of law connected with such departments” and “shall have the regulation and conduct all litigation for or against the Crown or any department, in respect of any subject within the authority or jurisdiction of Canada.” These services include providing legal advice, preparing legal documents, drafting legislation, and regulating or conducting litigation for or against the Crown or any department. The Department of Justice assures overall consistency and integrity of legal services for the federal government.

For these reasons, the Deputy Minister of Justice must approve the provision of legal services if there is an expectation that it be allocated to the LC or LP groups.

Application

Prior to the creation of an LC or an LP position, officials from departments and agencies are required to obtain approval from the Department of Justice. While this is not a new requirement, the LC and LP job evaluation standards have been amended for greater clarity. The creation of non-Justice LC and LP positions will take into consideration the impact on the Department of Justice’s mandate and the impact on inter-departmental relativities.

In rare cases where a deputy head wishes to establish or classify a position in the LC or LP groups, the proposal including a job description, shall be submitted to the Deputy Minister of Justice for approval on the requirement of the position. The Deputy Minister of Justice will inform the deputy head concerned, as well as the Office of the Chief Human Resources Officer (OCHRO), of the decision.

This bulletin applies to organizations in the core public administration (CPA) and is effective immediately.

Enquiries

All questions pertaining to this information bulletin should be directed to departmental corporate classification resources, who, if required, will direct questions to the Workforce Organization and Classification Division of the Office of the Chief Human Resources Officer:

ZZORGCLA@tbs-sct.gc.ca.

Questions pertaining to the consultation process in obtaining an approval from the Departments of Justice may be directed to the Organizational Design and Classification Division at the Department of Justice: Classificationhr-rh@justice.gc.ca