Department of Justice Guide on Security for Legal Agents
6. Individual Security Screening
When accessing Protected A and B information and assets, the Department acknowledges that legal agents are bound by rules of confidentiality and must adhere to strict professional requirements set out by law societies and, as such, the legal agent is not required to complete a Reliability Screening. That said, depending on the nature of the file and upon request by the Departmental Instructing Counsel, the legal agent may be required to obtain a Reliability Screening.
When there is a requirement to access Protected C or Classified (Secret or Top Secret) information and assets, legal agents must undergo individual security screening, at the appropriate level, prior to accessing Protected C or Classified (Secret or Top Secret) information, assets and secure work sites.
6.1. Process to Obtain an Individual Security Screening
In conjunction with the JCLSA, the Personnel Security Screening Office will initiate the Individual Screening Process for all members of the legal agent team that will access Protected C or Classified (Secret or Top Secret) information and assets.
Two (2) forms must be completed and submitted, along with two pieces of identification to initiate an Individual Security:
- Personnel Screening Consent and Authorization Form (TBS 330-23)
- Security Clearance Form (TBS 330-60)
Depending on the individual security screening, the Departmental Security Office will notify the legal agent and provide instructions outlining the requirements that need to be completed.
6.2. Validation of Existing Security Screenings
Where an individual holds a valid Individual Security Screening clearance, granted by another Government of Canada department or agency, the Departmental Security Office may be able to validate the screening. To initiate the process to validate an existing security screening, the Department requires:
- a copy of the signed Security Screening Certificate and Briefing Form issued by the granting department or agency
- the individual’s date of birth
The Departmental Security Office will advise, in writing, whether the screening has been validated or if the individual must resubmit forms to obtain an individual security screening.
6.3. Notification and Security Briefings
Upon completion of the security clearance, the Departmental Security Office issues a Security Screening Certificate and Briefing Form (TBS 330-47) to certify the granting of the Individual Security Screening. Each individual must review the briefing section, outlining their security responsibilities and then sign the form confirming they understand and agree to comply with the security requirements. The form must then be submitted to the Personnel Security Screening Office.
The Security Screening Certificate and Briefing Form (TBS 330-47) will indicate the dates that the Individual Security Screening is valid. In general, this ranges from five (5) to ten (10) years.
6.4. Change of Circumstances Reporting
Individuals must report information related to a change in personal circumstances to the Personnel Security Office that may affect the status of their Individual Security Screening. Examples of these circumstances would include:
- name changes (e.g. marriages or separations)
- criminal conviction, suspension of a criminal record, other judicial prohibitions
- involvement with law enforcement (e.g. suspect in a criminal investigation or arrest)
- association with criminals
- significant change has occurred in financial situation (e.g. insolvency)
- leaving one firm to join another (the individual may request to transfer their screening to the new firm)
The LASO is responsible for ensuring that all relevant changes to individuals’ personal circumstances are reported immediately to the Department.
6.5. Individual Security Screening Renewal
The Security Screening Certificate and Briefing Form (TBS 330-47) will indicate the dates that the Individual Security Screening is valid. In general, this ranges from five (5) to ten (10) years.
To request a renewal, the individual must submit the required Personnel Screening Consent and Authorization Form (TBS 330-23), and Security Clearance Form (TBS 330-60), prior to the renewal date.
6.6. File Retention
The LASO must ensure that individual security screening files are appropriately safeguarded and must maintain a current list of all security-screened employees. This list must be made available to the Department upon request. The LASO must also retain copies of all documents and records of all correspondence on security briefings for review by the Department if required.
- Date modified: