5. Conclusions and recommendations

5.1 Conclusions

The LSB and the Finance LSU provide ongoing drafting services that enable the federal government to proceed with the implementation of its legislative priorities. The work of all sections of the LSB and of the Finance LSU, in collaboration with all other stakeholders engaged in the legislative drafting process, has led to the creation and maintenance of a comprehensive and consolidated body of federal laws and regulations that impact millions of individuals. This  directly relates to the goal of Justice in supporting an efficient access to justice.

During the period covered by the evaluation, the need for legislative services has experienced significant increases in volume and complexity, partly in response to the series of measures required to address the COVID-19 pandemic. Beyond the pandemic, a number of other federal priority-related areas such as the environment and climate change, the reconciliation process with Indigenous peoples, economic growth, or public safety have also required complex legislative responses.

Sponsoring departments and agencies, and the LSUs associated with them, have expressed a high level of satisfaction with the quality of the legislative services provided, and the ability of the LSB and the Finance LSULSU to deliver these services in challenging circumstances, particularly during the pandemic. The LSB is perceived as a trusted partner, who effectively delivers solution-driven support.

In delivering these services, both the LSB and the Finance LSU have operated within a structure that rests on an efficient distribution of roles and responsibilities, and on well-established processes. The LSB and the Finance LSU have also demonstrated their ability to respond to significant changes in the work environment in which all stakeholders have had to operate as a result of the pandemic restrictions on access to workplaces.

While the overall design and delivery of legislative services have been adapted to meet the legislative drafting requirements within the current context, the evaluation identified areas for improvement. Those relate to the need to more systematically adapt to a more fluid and open policy development process and shorter timeframes to complete the legislative drafting process, and ensuring an adequate level of resources to accomplish this work without overextending the current resources both legal professionals as well as non-legal professionals. It appears particularly important to address the current tension between the desire on the part of the federal government to proceed expeditiously with legislative projects and all existing requirements of the drafting process to ensure a high level of quality.

5.2 Recommendation

Based on the findings described in the report, the evaluation is offering the following recommendation:

The Legislative Services Branch, in consultation with appropriate parties, should adapt the design and delivery structure of legislative services to further align these services with the requirements associated with the policy development and drafting of federal legislation and regulations. In addressing this recommendation, the Legislative Services Branch should consider human resource requirements, planning and coordination of legislative activities, training, and adaptations of services based on the nature of legislative projects.

The main goal of this recommendation is to support the sustainability of legislative services, ensuring that the quality of services is achieved efficiently and systematically, avoiding situations where the legislative project team is over-extended or operating within parameters that are at odds with their established practices. Further aligning the drafting process with the policy and legislative development process used by the federal government will help to set appropriate expectations and avoid tensions.