Legislative Services Branch Evaluation

Appendix F: Key Informant Interview Questionnaires

Key Informant Interview Guide for Legislative Services Branch Managers

Date:

Time:

Name:

Title:

Relationship to Branch:

Telephone Number:

The Department of Justice is conducting an evaluation of the Legislative Services Branch (LSB). The purpose of the evaluation is to assess the extent to which the LSB provides relevant and effective legislative and regulatory drafting services to the federal government. R.A. Malatest & Associates Ltd., a professional research firm, was hired by the Department to assist with the evaluation.

Thank you for agreeing to participate in an interview for the evaluation of theLSB. The purpose of this interview is to be informed of your experience as a manager of the LSB and to obtain your opinion on what is working well and what could be improved.

Your participation is completely voluntary. Your identity will not be attached to your individual responses. Responses from the interviews will be analyzed in aggregate. Any quotes used in the report will be selected to ensure that no individual is identifiable from the quote. Your individual answers will not be shared with the LSB.

We would like to remind you to be mindful of solicitor-client privilege when responding to questions or using examples. Please avoid sharing details of any information that you think might be confidential to a case you were involved in or know about.

The interview should take approximately one hour to complete. Do you have any questions before we begin?

Introduction

Please describe your current role/position and responsibilities within the LSB.

Contribution to Canada’s Legislative Framework

1. What methods does the LSB use to create legislation that is responsive to federal government policy directions? In what ways is it/is it not responsive? Are the methods available sufficient? Are there circumstances where one approach/method is better than others? [1.1, 2.1, 4.1]

2. To what extent has the LSB contributed to the creation of federal legislation that is accessible to Canadians? How does the LSB ensure that drafted legislation is easily accessible? In what format(s) can drafted legislation be accessed? [2.2, 4.2]

3. How has the LSB contributed to streamlining regulations over the past five years? Please explain. [2.1, 4.2]

4. In what ways has the LSB contributed to a bilingual and bijural federal legislative framework? [3.1]

5. How has the LSB worked with federal government departments and agencies to assist them in managing their legal risks? (Prompts: identifying legal risks, proposing options, providing advice on instrument choice) In general, how successful have these efforts been in managing legal risks? [3.3]

Requests for Services

6. Have you noticed any changes in the nature of requests for services from LSB in the past five years? For example, have there been changes in the volume or type of legal issues, the complexity and/or urgency of the requests being made, the legal risk level, or any other characteristics? [if yes] How has the demand changed? What are the implications of these changes for the LSB? [1.2]

7. Over the past five years, what measures have been taken in response to changes in demand that have helped increase LSB output given the resources available? Have these measures been effective? Please explain what has or has not been effective and what else could be done to better meet demand (with the same level of resources). [5.1, 5.2]

8. Is the LSB’s capacity to deliver services sufficient given current and expected demand for its services? For example, is staff able to complete assigned work within reasonable timelines and meet deadlines mutually agreed upon with clients? [if not] What is hindering the staff’s ability to do so?[5.1, 5.2]

9. Is the LSB able to meet the various types of requests made by clients? Are there any apparent or emerging gaps in LSB services? [3.2]

10. Are the resources available within the LSB sufficient to complete the tasks required of the Branch, both in terms of quality and quantity? [if not] What additional resources are required in order for the LSB to complete its tasks? [5.1, 5.2]

Quality Assurance

11. Does the LSB have the capacity to draft legislation that meets bilingual and bijural requirements? What measures are in place to ensure that legislation drafted meets bilingual and bijural requirements? [2.1, 4.2]

12. Please describe the measures taken within the LSB to ensure that the legislation it drafts respects the Constitution Act, the Canadian Charter of Rights and Freedoms, and other legal requirements. In your experience, are these measures adequate? [if not] Can you suggest how these measures could be improved or strengthened? [3.1]

13. Are you satisfied with the quality assurance measures in place within the LSB [Probes: revision services, jurilinguistic revision services, bijural review services, guidebooks, etc.]? Are they sufficient to ensure the creation of consistent legislative products? (For example the Justice Laws website and Bijurilex, drafting manuals etc.) [2.1, 2.4]

14. Are there ways that you think the clarity of the products of the LSB could be improved? [2.2]

15. To what extent has the LSB enhanced its capacity (skills, tools, information) to deliver consistent federal legal and legislative products? What was the nature of the capacity building efforts? [2.3, 2.4]

Efficiency and Economy

16. Has the LSB’s resource utilization been appropriate, in relation to the resources allocated, activities and outputs produced, and demands for services? [5.1]

17. Have you observed any duplication of work or redundancies within the LSB? [if yes] How could this work be completed more efficiently? [5.1]

18. To what extent does the LSB coordinate/integrate its activities in order to increase efficiency? Do you feel these efforts are sufficient to achieve desired results? [if not] Can you suggest how coordination could be improved within the LSB? [5.3]

19. Does the LSB have the necessary technology in place to help staff complete the work? What have been the effects (positive or negative) of the level of technology adopted by the LSB on your work? [5.4]

20. Is the mixed financial model utilized by the LSB appropriate and sufficient to meet current and future demand for legislative services? Is A-base funding sufficient to adequately discharge the Minister’s responsibilities? [if not] What alternatives are there to cover demand? [5.5]

21. Can you identify ways of making your work, and more generally the work of the LSB, more efficient? [5.6]

Do you have any further questions or anything you would like to add to this interview?

Thank you for participating in this interview!


Key Informant Interview Guide for Legislative Services Branch Clients

Date:

Time:

Name:

Title:

Relationship to Branch:

Telephone Number:

The Department of Justice is conducting an evaluation of the Legislative Services Branch (LSB). The purpose of the evaluation is to assess the extent to which the LSB provides relevant and effective legislative and regulatory drafting services to the federal government. R.A. Malatest & Associates Ltd., a professional research firm, was hired by the Department to assist with the evaluation.

Thank you for agreeing to participate in an interview for the evaluation of the LSB. The purpose of this interview is to obtain information about your experiences with and your perspectives of the services provided by the LSB.

Your participation is completely voluntary. Your identity will not be attached to your individual responses. Responses from the interviews will be analysed in aggregate. Any quotes used in the report will be selected to ensure that no individual is identifiable from the quote. Your individual answers will not be shared with the LSB.

We would like to remind you to be mindful of solicitor-client privilege when responding to questions or using examples. Please avoid sharing details of any information that you think might be confidential to a case you were involved in or know about; rather, focus on your work experiences with the LSB.

The interview should take approximately 45 minutes to complete. Do you have any questions before we begin?

Introduction

1. Please describe the kinds of projects you have worked on with the LSB. What were your role and responsibilities when working on these projects?

Drafting Needs and Services

2. Over the past five years, have the services of the LSB aligned with the drafting needs of your department/agency? Please describe what the legislative and regulatory drafting needs of your department/agency have been and the extent to which they have been met, or not, by the LSB. [1.1]

3. Have you noticed any changes in the nature of requests made by your department/agency for the services of the LSB in the past five years? For example, have there been changes in the volume or type of legal issues, the complexity and/or urgency of the requests being made, the legal risk level, or any other characteristics? [if yes] How has the demand changed? Do you foresee any impending changes in demand or the types of requests that may affect the LSB’s capacity to work within the given timelines? [1.2, 5.5]

4. Has the LSB been able to meet the requests made by your department/agency? Do they provide your department/agency with options appropriate to your policy and program objectives on different instruments to achieve your objectives? [2.1]

5. How has the work of the LSB contributed to a bilingual and bijural legislative framework? Please explain. Are the French and English versions of legislative products equivalent? [3.1]

6. How has the LSB worked with your department/agency to assist you in managing your legal risks? (Prompts: identifying legal risks, proposing options to mitigate the risks identified, providing advice on instrument choice) [3.2]

Quality

7. Does the LSB work to establish, and complete work within, agreed-upon timelines? If not, please describe the situation and any factors that may have interfered. [5.2]

8. Are the legislative texts (bills and regulations) drafted by the LSB clear and understandable to those in your department/agency who access it? Please describe what makes it clear or unclear. [2.2]

9. Are you satisfied with the quality assurance measures in place within the LSB (e.g., skills, tools, processes)? Are they sufficient to ensure the creation of consistent legislative products? (For example the Justice Laws website and Bijurilex, drafting manuals etc.) [2.4]

10. Overall, are you satisfied with the quality and consistency of the work the LSB has provided to your department/agency over the past five years? Please explain. [2.4]

Capacity Building

11. What steps has the LSB taken with your department/agency to increase awareness of the federal legislation, processes and options relevant to your work? (Probes: e.g., instrument choice or alternative to using legislation or regulations to achieve your departmental objective) [2.3]

12. Have you participated in any training activities offered by the LSB within the past five years? [if yes] What type of training did you receive? Were you satisfied with this training? Was it relevant to your work? [2.4]

13. Have there been any training or information sessions that deal with legislative principles such as rule of law and consistency of language offered by the LSB? [if yes] Have training efforts been sufficient in this regard? Are there areas where more could be done to enhance awareness and understanding of legislative principles? [2.3]

Do you have any further questions or anything you would like to add to this interview?

Thank you for participating in this interview!


Key Informant Interview Guide for Legislative Services Branch Partners

(Privy Council Office, Treasury Board Secretariat, Justice)

Date:

Time:

Name:

Title:

Relationship to Branch:

Telephone Number:

The Department of Justice is conducting an evaluation of the Legislative Services Branch (LSB). The purpose of the evaluation is to assess the extent to which the LSB provides relevant and effective legislative and regulatory drafting services to the federal government. R.A. Malatest & Associates Ltd., a professional research firm, was hired by the Department to assist with the evaluation.

Your participation is completely voluntary. Your identity will not be attached to your individual responses. Responses from the interviews will be analysed in aggregate. Any quotes used in the report will be selected to ensure that no individual is identifiable from the quote. Your individual answers will not be shared with the LSB.

We would like to remind you to be mindful of solicitor-client privilege when responding to questions or using examples. Please avoid sharing details of any information that you think might be confidential to a case you were involved in or know about; rather, focus on your work experiences with the LSB.

The interview should take approximately 45 minutes to complete. Do you have any questions before we begin?

Background

1. Please describe your current role/position and responsibilities, specifically as they relate to working with the LSB. In what respects have you worked with the LSB over the past five years (e.g., seeking or providing advice; what type of advice; policy development; review; consultation)?

2. In what ways does the LSB coordinate/integrate its activities with those of your department/unit (or vice versa)? Can you suggest ways that coordination could be improved? [5.3, 5.6]

Relevance

3. In your opinion, to what extent do the services of the LSB meet the needs of the government of Canada in terms of drafting legislation and regulations, and policy development? Is there anything you are aware of that would require the LSB to change the way it provides legal services? [1.1]

4. a. Have there been any changes to the nature or volume of requests being made of LSB by your unit/department over the past five years? (if yes) What kinds of changes have you noticed?

b. Have the required timeframes for completing requests changed? [1.2, 1.3] [PCO - files with pre-drafting authority]

c. Have the changes to the nature or volume of requests affected the working relationship with LSB in any way? [1.2, 1.3]

d) Do you anticipate any changes in the demand for LSB services emerging over the next two to three years? [if yes] To your knowledge, will LSB have sufficient resources to address these changes? [1.2, 5.2]

Direct Outcomes

5. To what extent and in what ways has the LSB contributed to the creation of federal legislation that is accessible to federal government clients? To Canadians in general? [2.2, 4.2]

6. To what extent is the drafting process responsive to your needs as a partner? [Probe: meeting deadlines] [2.1, 4.1]

7. In what ways do LSB legislative products contribute to federal policy directions? [2.1]

Intermediate Outcomes

8. a. [Do not ask JUS] To what extent has the LSB helped your department/unit address legal risks? Could the LSB do more in this regard? If so, in what way? [3.3]

b. [Ask ALL] To what extent/in what ways has your department/unit assisted LSB in identifying and/or resolving legal challenges or potential legal issues?

Do you have any further questions or anything you would like to add to this interview?

Thank you for participating in this interview!


Key Informant Interview Guide for Other (non-governmental) Groups

Date:

Time:

Name:

Title:

Relationship to Branch:

Telephone Number:

The Department of Justice is conducting an evaluation of the Legislative Services Branch (LSB). The purpose of the evaluation is to assess the extent to which the LSB provides relevant and effective legislative and regulatory drafting services to the federal government. R.A. Malatest & Associates Ltd., a professional research firm, was hired by the Department to assist with the evaluation.

Thank you for agreeing to participate in an interview for the evaluation of the LSB. The purpose of this interview is to obtain information about your perspective on the products developed by the LSB.

Your participation is completely voluntary. Your identity will not be attached to your individual responses. Responses from the interviews will be analysed in aggregate. Any quotes used in the report will be selected to ensure that no individual is identifiable from the quote. Your individual answers will not be shared with the LSB.

We wouldlike to remind you to be mindful of solicitor-client privilege when responding to questions or using examples. Please avoid sharing details of any information that you think might be confidential to a case you were involved in or know about.

The interview should take approximately 15 minutes to complete. Do you have any questions before we begin?

Questions

1. Please describe the legislative products of the LSB that you have accessed/used over the past five years (Prompts: regulations, legislation, Justice website)?

2. In your experience, do you consider the legislation/regulations drafted by the LSB to be appropriately accessible? [2.2]

3. Have you used the Justice Laws website? [if yes] Do you find the website useful in terms of its contents? Is it kept current? Is it easy to navigate/find what you are looking for? [2.2]

4. Are the federal legislative products clear and consistent in terms of:

a. language use within the products themselves (French and/or English)?

b. language use between the French and English versions? [2.2]

5. Are the federal legislative products clear and consistent in terms of the law? (common law, civil law, or both--please specify) [2.2]

6. How well would you say the legislation and regulations produced by the LSB respect Canada’s bijural legal tradition of common law and civil law? Please comment based on the tradition(s) that you work within or are familiar with. [2.2]

Do you have any questions or anything you would like to add to this interview?

Thank you for participating in this interview!

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