Terms and Conditions of Appointment for Domestic Legal Agents

Annex A

Definitions

Unless the context otherwise requires:

"Ad hoc legal agent"
means a legal agent appointed to provide services with respect to a specific case and/or piece of work, or aspect of a case and/or piece of work;
"Appointment"
means the exercise by the AGC of his or her authority to select and mandate a private sector law practitioner to act as agent of the Crown and conduct defined legal services;
"Assets"
means all tangible or intangible things of the Government of Canada including but not limited to information in all forms (written, verbal or visual) and media, networks, systems, material, real property, financial resources, employee trust, public confidence and national and international reputation;
"Authorized counsel"
means the law practitioner(s) within a specific firm appointed as a legal agent authorized to work on a specific case or piece of work, in accordance with the terms of the appointment mandate;
"Billing number"
means the number assigned to the file by the departmental financial system for billing and reporting purposes. This number is provided to the legal agent in the letter of appointment;
"Canada", "Crown", "Her Majesty" or "the Government"
means Her Majesty the Queen in right of Canada;
"Case number"
means the number assigned to the file by the departmental financial system to track the details of the legal agent appointment. This number is provided to the legal agent in the letter of appointment;
"The Department"
means the Department of Justice;
"Disbursements"
means third-party expenses incurred by the legal agent in the delivery of the mandated services, such expenses which would otherwise have been paid directly by the Department had the Department handled the transaction itself;
"File number"
means the number assigned to the paper and electronic file maintained by instructing counsel for case management, timekeeping, document management, and reporting. This number is provided to the legal agent in the letter of appointment;
"Firm"
means a legal entity whose legal form may be a sole proprietorship, partnership, or corporation;
"Former public officer holder"
means those individuals defined in the Conflict of Interest Act, i.e. ministers of the Crown, ministers of state, parliamentary secretaries, members of ministerial staff, including advisers, the Chief Electoral Officer, Governor in Council appointees, other than those specifically excluded under the Act, ministerial appointees approved by the Governor in Council, and a person or member of a class of persons is designated under subsection 62.1(1) or 62.2(1) of the Act;
"Former public servant"
means any former member of a department as defined in the Financial Administration Act, a former member of the Canadian Armed Forces or a former member of the Royal Canadian Mounted Police;
"Instructing counsel"
means the Department of Justice legal counsel identified as the individual responsible for the day-to-day administration of the work under the Appointment, including instructing, monitoring and evaluating the work of the legal agent and liaising with the client department or agency;
"Law practitioner"
means lawyers, law firms, notaries and notary offices, law professors or former judges, as applicable;
"Law Society"
means the body governing lawyers or notaries in Canada, in a given province or territory;
"Legal agent"
means a private sector law practitioner, including lawyers, law firms, notaries and notary offices, law professors or former judges, as applicable, appointed by the AGC to provide specific legal services to the Crown. Unless otherwise specified in these Terms and Conditions, legal agent refers to both the individual identified as authorized counsel and to the legal entity or firm of which the individual is a part;
"Legal services"
means the provision of legal advice and opinions; the regulation or conduct of litigation; the drafting of legislation or regulations; the negotiation and drafting of other legal documents such as contracts, agreements, etc., or the provision of general assistance on matters affecting a client's legal position, as the case may be;
"Mandate"
means all the activities and services required to be delivered or performed by the legal agent under the appointment, as described in the statement of work and the letter of appointment;
"Parties"
means the legal agent and Canada, as represented by the AGC;
"Record"
means information created, received, and maintained by an organization or person for business purposes, legal obligations, or both, regardless of medium or form. Includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable records, and any other documentary material, regardless of physical form or characteristics, and any copy thereof;
"Sensitive Information"
means Government information that has been designated as Protected or Classified;
"Standing legal agent"
means a legal agent appointed for a finite period of time to carry out defined work on a recurrent, as needed basis; and,
"Statement of work"
means the description of the nature of the legal agent appointment, including the mandate, scope, legal team profile, and associated roles and responsibilities.
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