Agent Affairs

• Profile of a Legal Agent
• Becoming a Legal Agent
• General Inquiries

The Public Prosecution Service of Canada (PPSC) relies on both staff and private-sector lawyers (agents) to conduct prosecutions on behalf of the federal Crown.

The PPSC uses agents in areas where it does not have a Regional Office, or where it is impracticable or otherwise not cost-effective for cases to be handled by staff counsel. Agents are also used when the demand for prosecution services in an area served by a Regional Office exceeds available staff resources. The PPSC currently retains approximately 800 agents.

Agents are remunerated according to a fee tariff which is based on years of call to the Bar. The current fixed three-tier tariff ranges from $87 to $121 per hour. An enhanced fee rate may be granted in situations where the complexity and duration of the case or other exceptional circumstances warrant a higher rate.

Management of Agents: The Agent Affairs Program was established in 1996 with the following objectives: 1) enhancing the quality of agent provided legal services; and 2) ensuring cost-effective service delivery. The program includes a centralized support unit at PPSC headquarters, namely the Agent Affairs Unit, and Agent Supervision Units located in each Regional Office, which are responsible for the day-to-day management of agents.

The relationship which exists between the agent community and the PPSC is governed by two comprehensive documents: the FPS Deskbook and the Terms and Conditions of Appointment of Legal Agents (T&Cs).

Profile of a Legal Agent

Selection of agents is based on the premise that the PPSC is entitled to the highest quality of legal services and advice consistent with the reasonable demands of economy, efficiency and effectiveness. Competence, integrity, professionalism and trust remain the primary considerations in the appointment of agents.

Agents are expected to uphold the highest standards of personal and professional conduct. They must obey the law and must act with integrity, fairness and impartiality at all times.

The PPSC expects agents to be fiscally responsible, to follow PPSC fixed file handling practices; and to comply fully with administrative provisions, billing guidelines, and fee and disbursement policies.

The PPSC expects private sector lawyers and firms appointed as agents to:

• carry law-practice insurance in the province(s) or territory(ies) in which they conduct their practice, in compliance with the requirements of the relevant law society(ies) or bar association(s);
• comply with the federal government's conflict of interest guidelines, which seek to ensure that contracts with the private sector meet the highest ethical standards;
• ensure that each member of the firm acting for the PPSC, is a member in good standing of a provincial or territorial bar;
• ensure that each member of the firm and all members of their staff who will require access to documents relating to work assigned comply with the requirements pertaining to a reliability status type security screening;
• comply with the requirements outlined in the FPS Deskbook and T&Cs documents, which outline the relationship between a legal agent and the PPSC, policy obligations, and, expectations as to case management practices as well as administrative provisions; and,
• comply with technology standards as defined by PPSC.

Becoming a Legal Agent

The PPSC has embarked on a new initiative aimed at further increasing the transparency of the process of securing agents agreements, enhancing access to agent opportunities, strengthening the assessment process, and ensuring that candidates are treated equitably. While the PPSC process will continue to be competitive and based on merit, agents will no longer be appointed to indeterminate terms; beginning in June, 2009, the PPSC is implementing fixed-term agreements with agents who successfully complete this process.

Notices of Opportunity, inviting interested private sector lawyers and law firms to apply to become agents for specific judicial districts, are posted on a province-wide basis through legal publications, local newspapers and at court locations, ensuring access to agreements by all qualified private-sector lawyers and law firms. A standardized screening process, similar to that used to hire in-house counsel, includes established assessment criteria and interviews.

If you or your law firm meet the minimum criteria as described in the PPSC’s Information on Agent Agreements, you are invited to complete the Application for Fixed Term Agreements (pdf).

With their submission, applicants must provide a profile of their practice which details how the applicant meets the PPSC criteria, as well as the completed Application (pdf 113kB) and signed Certification (pdf 72kB). Private-sector lawyers or law firms meeting the eligibility criteria will be contacted for an interview by the regional agent supervisor.

General Inquiries

Contact the PPSC:

By email: PPSC_Agent-Mandataire_SPPC@ppsc-sppc.gc.ca or by writing to a PPSC office listed under Contact Us.