POLICY ON RETAINING OF CONSULTANTS

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From time to time, the LCO will need to retain outside consultants to provide expertise on projects.  These consultants fall into two categories.  The first are (usually) academic consultants who have an expertise in a particular area (such as “elder abuse”) who will be asked to write research or discussion papers on a specified topic.  In some cases, they will be asked to propose recommendations based on guidelines provided by the Executive Director and/or head of project.  The second group are professional experts (such as an actuary) needed to provide advice about a particular subject matter under study by the LCO.

In considering and selecting potential consultants, the Executive Director will seek third party approval of the successful candidate where there is a concern of conflict or possible apprehension of conflict with any member of the LCO staff, the Board of Governors and the Research Advisory Board or the LCO’s partners.   The third party will usually be the Chair of the Board of Governors or judicial member of the Board of Governors, for whom the possible employment of the individual under consideration does not involve a conflict.

Academic Researchers
When the head of project decides that a project is an appropriate one for retaining academic consultants, he or she will discuss the type of researcher and scope of research with the Executive Director.  The Executive Director is responsible for determining whether the LCO will retain an academic consultant.  Potential researchers will be identified through responses to a call posted on the LCO website, explaining the nature of the project and of the research required; communication with the deans of the Ontario law schools and their associate deans research, as appropriate; discussion with the LCO’s Research Advisory Board; a review of university research institutes; discussion with academics in the appropriate discipline; and a review of the literature in the area. The final decision about the choice of researcher will rest with the Executive Director, based on a report prepared by the head of project.  The Executive Director will inform the Board of Governors about the retention of academic researchers as part of the regular reporting on the progress of projects. 

The remuneration for an academic research or discussion paper will vary with the length and expectations for the scope of the paper.  The approval of the LCO Board of Governors is required when the contract fee will exceed $15,000.   

Professional Experts
When the head of project decides that a project is an appropriate one for retaining a professional expert, he or she will discuss this with the Executive Director.  The Executive Director is responsible for determining whether the LCO will retain a professional expert.  Potential experts will be identified through a call on the LCO website, explaining the nature of the project and of the expertise required; discussion with the LCO Research Advisory Board; and a review of the literature in the area.  In the usual course, the head of project, with the approval of the Executive Director, will approach at least two experts to discuss retention by the LCO.  The discussion will include fees charged by the expert.  The Executive Director will determine the expert fee, based on the rate charged by the profession and the LCO’s need and capacity. The head of project will seek at least two references before selecting an expert who must be approved by the Executive Director, based on the written report by the head of project.  The Executive Director will inform the Board of Governors about the retention of professional experts as part of the regular reporting on the progress of projects. 

The remuneration for an academic research or discussion paper will vary with the length and expectations for the scope of the paper based on a generally accepted rate for the relevant profession. The contract fee for a professional expert over $15,000 will require the approval of the Board of Governors.

Approved by the LCO Board of Governors: June 5.08

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