Information on Agent Agreements

PART I – BACKGROUND AND OVERVIEW OF THE REQUIREMENTS

1.1 Responsibilities of the Public Prosecution Service of Canada

The Public Prosecution Service of Canada (PPSC) prosecutes criminal offences under federal law, provides legal advice to investigative agencies and contributes to strengthening the criminal justice system. The PPSC is headed by the Director of Public Prosecutions (Director).

Over 50 federal statutes confer prosecution and prosecution-related responsibilities on the Attorney General of Canada; these duties are carried out by the PPSC. In all provinces except Quebec and New Brunswick and in the Territories, the PPSC has responsibility for the prosecution of all drug offences under the Controlled Drugs and Substances Act, regardless of whether a federal, provincial, or municipal police agency lays the charges. In Quebec and New Brunswick, the PPSC is responsible for drug charges laid by the RCMP only.

In all provinces and in the Territories, the PPSC prosecutes violations of federal statutes such as the Fisheries Act, the Income Tax Act, the Excise Act, the Customs Act, the Canadian Environmental Protection Act, the Competition Act and the Canada Shipping Act as well as conspiracies and attempts to violate these statutes.

Pursuant to understandings with the provinces, the PPSC also prosecutes Criminal Code offences where drug charges are involved and are the focus of the case. In the three territories, the PPSC is responsible for prosecuting all Criminal Code offences.

1.2 Fixed-Term Agreements

The selection of a private sector lawyer or firm to be an Agent of the Director is confirmed and acknowledged in writing by a Fixed-term Agreement (Agreement). The Agreement and the Terms and Conditions of Fixed-term Agreements of Agents govern the relationship between the Agent and the PPSC. The FPS Deskbook contains policies applicable to the conduct of federal prosecutions by agents. Both the Terms and Conditions and the FPS Deskbook can be found at http://www.ppsc-sppc.gc.ca/eng/pub/index.html

Agreements entered into as a result of this process will have maximum a term of five years, and be subject to termination by the Director for convenience or for default.

1.3 Criminal Prosecutions Fee Schedule

Agents, articling students and paralegals are paid at an hourly rate, as set out in the Table below:

Years at Bar	Current Hourly Rate
Student / Paralegal	$45
First 5 Years	$88
Starting at the beginning of the 6th year to the end of the 10th year	$104
Over 10 years	$123

The rate, in accordance with the number of years at the Bar, is determined on July 1st of each year. Any increase in a rate will be applied to services rendered by an Agent after the July 1st date. Disbursements are calculated in accordance with the Terms and Conditions of Appointment.

1.4 Termination Provisions

1.4.1 Termination for Convenience

At any time before the completion of the Agreement, the Director may, by providing a minimum of ninety (90) days notice in writing to the Contact Agent, terminate for convenience the Agreement or part of the Agreement. Once such a notice of termination for convenience is given, the Agent must comply with the requirements of the termination notice. If the Agreement is terminated in part only, the Agent must complete any part of the Agreement that is not affected by the termination notice. The termination will take effect immediately or, as the case may be, at the time specified in the termination notice.

If a termination notice is given pursuant to the above paragraph, the Agent will be entitled to be paid for costs that have been reasonably and properly incurred to perform the Agreement until the date of termination.

1.4.2 Termination for Default

If the Agent is in default in carrying out any of its obligations under the Agreement, the Director may, on recommendation by the Agent Supervisor, by giving written notice to the Contact Agent, terminate for default the Agreement or part of the Agreement. The termination will take effect immediately or at the expiration of a cure period specified in the notice if the Agent has not resolved the default to the satisfaction of the Director within the specified period.

If the Agent becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or takes the benefit of any statute relating to bankrupt or insolvent debtors, or if a receiver is appointed under a debt instrument or a receiving order is made against the Agent, or an order is made or a resolution passed for the winding down of the Agent, the PPSC may, to the extent permitted by the laws of Canada, upon approval of the Director and by giving written notice to the Contact Agent, immediately terminate for default the Agreement or part of the Agreement.

If the PPSC gives written notice as described above, the Agent will have no claim for further payment except as provided in this section.

PART II – PROCESS REQUIREMENTS

2.1 Submissions

Submissions must address the minimum eligibility criteria and the rated assessment criteria described in Part IV. Copies of submissions must be presented and clearly be marked with the private sector lawyer or law firm’s name, address, Reference Number, closing time and date. The first page must be duly completed and signed by the designated contact (lawyer) of the law firm. A signed “Application for a Fixed-Term Agreement”, “Certification” and “Addendum” must be included with the submission, along with all documentation required.

Submissions may be submitted by mail, fax or by email to the Agent Supervisor indicated on the Notice of Opportunity. They must be received by the date and time indicated on the Notice of Opportunity. Timely and correct delivery of submissions to the specified address is the sole responsibility of the law firm.

No revisions to submission will be considered after the closing time and date.

2.2 Communications during the Period of this Process

To ensure the integrity of the process, enquiries and other communications regarding the process are to be directed ONLY to the Agent Supervisor, whose contact information is provided on the Notice of Opportunity. Enquiries submitted in writing, by fax, letter or e-mail, will be accepted.

2.3 The PPSC reserves the right to:

• consult outside sources regarding the qualifications and capabilities of a private sector lawyer(s) or law firm(s);
• validate information provided by the private sector lawyer(s) or law firm(s) in their submissions;
• accept any submission, including legal team members, in whole or in part;
• cancel and/or reissue this process at any time; and
• retain all submissions submitted in response to this process.

2.4 Information Required in Submission

2.4.1 In preparing its submission, the private sector lawyer or law firm should consider only the information provided in this document. Any other information the private sector lawyer or law firm may be privy to as a result of having dealt with any federal government official has no bearing on this process.

2.4.2 To permit assessment of the qualifications of applicants, private sector lawyers or law firms should provide a detailed Curriculum vitæ for each member of the law firm included in the submission; the PPSC reserves the right to contact the references provided with the Curriculum vitæ, as well as enforcement agencies and members of the local Bar.

2.4.3 The submission should also identify the name of the Contact Agent (lawyer) within the law firm who will be responsible for the management of the business relationship between the Agent and the PPSC during the term of the Agreement.

2.5 Constraints

Private sector lawyer(s) or law firm(s) should indicate, where feasible, any constraints they can foresee on their ability to represent the Government of Canada.

PART III: CONDITIONS PRECEDENT TO APPOINTMENT

3.1 Conditions

3.1.1 In filing a submission in response to this process, a private sector lawyer or law firm acknowledges its acceptance of the Agreement, Terms and Conditions of Fixed-Term Agreements of Agents and the FPS Deskbook, and its willingness to be bound by same if retained as an Agent.

3.1.2 The private sector lawyer or law firm commits over the course of the Agreement to:

• ensure that each lawyer in the proposed team is a member in good standing of the provincial bar in the province in which the lawyer operates;
• ensure that all lawyers and other personnel working on PPSC matters were either identified in the original submission or otherwise approved by the PPSC;;
• provide the services of lawyers proposed at the hourly rates specified in Section 1.3;
• ensure that lawyers and other personnel are assigned tasks which are appropriate with their responsibilities and level of experience and that tasks are allocated to ensure maximum cost effectiveness;
• have the individual identified as Contact Agent assume the relevant responsibilities for the duration of the Agreement. If for reasons which are beyond the Agent’s control, this individual become unavailable to continue the work (e.g., leave firm; become ill; etc.) the Agent shall be responsible for identifying and providing acceptable replacement(s). The PPSC reserves the right to interview the proposed replacement.

3.1.3 Agents who undergo fundamental changes in their organization (e.g., firm merger or dissolution) must advise the PPSC prior to such changes, and may be required by the PPSC to re-submit to an assessment process.

PART IV – ASSESSMENT AND SELECTION

4.1 General

4.1.1 The criteria contained herein will be used by the PPSC to assess each submission. Private sector lawyers and law firms must address these requirements in sufficient depth in their submissions to enable a thorough assessment. The PPSC may seek further information or clarification on the information provided.

4.1.2 The PPSC reserves the right but is not obliged to seek clarification or verify any or all information provided in the submission.

4.2 Phase I: Assessment against Minimum Eligibility Criteria

4.2.1 The PPSC will review the written submissions against the minimum eligibility criteria provided in the table below. Those private sector lawyers and law firms identified as meeting these criteria will proceed to Phase II of the assessment.

No.	Criterion Description
1	The private sector lawyer must be a member in good standing of the provincial law society in the province in which he or she operates.
2	The private sector lawyer must be a member in good standing with the Canada Revenue Agency.
3	The private sector lawyer and any personnel working on PPSC matters must comply with the requirements pertaining to a reliability status type security screening.
4	The private sector lawyer must possess criminal or regulatory litigation experience, including trial experience.

4.3 Phase II: Assessment against Rated Assessment Criteria

4.3.1 The PPSC will review the written submissions against the rated assessment criteria provided below, and will identify those private sector lawyer(s) or law firms that achieve a minimum of 60% inclusive (60 points out of 100).

4.3.2 The following are the assessment criteria:

• Experience in conducting criminal or regulatory litigation (up to 40 points)
• Experience in working in collaboration with others (15 points)
• Experience in coordinating multiple stakeholders associated with criminal or regulatory litigation (15 points)
• Ability to analyze legal issues and to provide legal advice (10 points)
• Ability to work independently (10 points)
• Ability to work under pressure (10 points)

4.3.3 Private sector lawyer(s) or law firms achieving a minimum rating of 60 will proceed to the next phase of the assessment process, which involves an interview.

4.4 Phase III: Interview and References

The PPSC reserves the right to interview other members of the Applicant firm whose names are being proposed as agents.

The following criteria may be assessed:

• Knowledge of Canadian criminal law and procedure;
• Understanding of the nature and scope of the work, and of the roles and responsibilities of Agents and of the PPSC;
• Case management abilities;
• Interpersonal skills;
• Personal suitability.

4.5 Phase IV: Selection of Agent

The final assessment and selection of Agent(s) will be based on the assessment criteria, on the interview, and on the results of the reference checks.