An Act respecting the office of the Director of Public Prosecutions (S.C. 2006, c. 9, s. 121)

Act current to 2016-06-21 and last amended on 2014-10-01. Previous Versions

An Act respecting the office of the Director of Public Prosecutions

S.C. 2006, c. 9, s. 121

Assented to 2006-12-12

An Act respecting the office of the Director of Public Prosecutions

[Enacted by section 121 of chapter 9 of the Statutes of Canada, 2006, in force on assent December 12, 2006.]

Short Title

Marginal note:Short title

 This Act may be cited as the Director of Public Prosecutions Act.

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

Attorney General

procureur général

Attorney General means the Attorney General of Canada. (procureur général)

prosecution

poursuite

prosecution, except in relation to matters referred to in subsection 3(8), means a prosecution under the jurisdiction of the Attorney General, a proceeding respecting any offence, the prosecution — or prospective prosecution — of which is under the jurisdiction of the Attorney General, and any appeal related to such a prosecution or proceeding. (poursuite)

Director of Public Prosecutions

Marginal note:Appointment
  •  (1) The Governor in Council shall, on the recommendation of the Attorney General, appoint a Director of Public Prosecutions (in this Act referred to as the “Director”) in accordance with section 4.

  • Marginal note:Rank and status

    (2) Subject to subsections 509.1(2) and (3) of the Canada Elections Act, the Director has the rank and status of a deputy head of a department.

  • Marginal note:Duties and functions

    (3) The Director, under and on behalf of the Attorney General,

    • (a) initiates and conducts prosecutions on behalf of the Crown, except where the Attorney General has assumed conduct of a prosecution under section 15;

    • (b) intervenes in any matter that raises a question of public interest that may affect the conduct of prosecutions or related investigations, except in proceedings in which the Attorney General has decided to intervene under section 14;

    • (c) issues guidelines to persons acting as federal prosecutors respecting the conduct of prosecutions generally;

    • (d) advises law enforcement agencies or investigative bodies in respect of prosecutions generally or in respect of a particular investigation that may lead to a prosecution;

    • (e) communicates with the media and the public on all matters respecting the initiation and conduct of prosecutions;

    • (f) exercises the authority of the Attorney General respecting private prosecutions, including to intervene and assume the conduct of — or direct the stay of — such prosecutions; and

    • (g) exercises any other power or carries out any other duty or function assigned to the Director by the Attorney General that is compatible with the office of Director.

  • Marginal note:Deputy Attorney General

    (4) For the purpose of exercising the powers and performing the duties and functions referred to in subsection (3), the Director is the Deputy Attorney General of Canada.

  • Marginal note:Guidelines not statutory instruments

    (5) For greater certainty, guidelines referred to in paragraph (3)(c) are not statutory instruments within the meaning of the Statutory Instruments Act.

  • Marginal note:Publication

    (6) Any assignment under paragraph (3)(g) must be in writing and be published by the Attorney General in the Canada Gazette.

  • Marginal note:Agreements and arrangements

    (7) The Director may, for the purposes of exercising the powers and performing the duties and functions referred to in subsection (3), enter into an agreement or arrangement on behalf of the Attorney General with the government of a province.

  • Marginal note:Duties — election-related matters

    (8) The Director initiates and conducts prosecutions on behalf of the Crown with respect to any offences under the Canada Elections Act, as well as any appeal or other proceeding related to such a prosecution.

  • Marginal note:Other powers, duties and functions

    (9) The Director may, under and on behalf of the Attorney General, exercise any powers or perform any duties or functions of the Attorney General under the Extradition Act or the Mutual Legal Assistance in Criminal Matters Act.

  • 2006, c. 9, s. 121 "3";
  • 2014, c. 12, s. 150.
Marginal note:Selection committee
  •  (1) The Attorney General shall establish a selection committee consisting of the following members:

    • (a) a person named by the Federation of Law Societies of Canada;

    • (b) a person named by each recognized political party in the House of Commons;

    • (c) the Deputy Minister of Justice;

    • (d) the Deputy Minister of the Department of Public Safety and Emergency Preparedness; and

    • (e) a person selected by the Attorney General.

  • Marginal note:List of candidates

    (2) The Attorney General shall submit to the selection committee a list of not more than 10 candidates whom he or she considers suitable to be appointed as Director, each of whom must be a member of at least 10 years standing at the bar of any province. The committee shall assess the candidates and recommend three of them to the Attorney General.

  • Marginal note:Selection

    (3) The Attorney General shall, from among those three candidates, select the one whom he or she considers most suitable for the office of Director.

  • Marginal note:Referral to committee

    (4) The question of the appointment of the selected candidate shall be referred for approval to a committee designated or established by Parliament for that purpose.

  • Marginal note:Recommendation to Governor in Council

    (5) The Attorney General shall, if the parliamentary committee gives its approval, recommend to the Governor in Council that the selected candidate be appointed as Director or, if the parliamentary committee does not give its approval, refer to the committee the appointment of another candidate recommended under subsection (2).

Marginal note:Tenure and term
  •  (1) The Director holds office, during good behaviour, for a term of seven years, but may be removed by the Governor in Council at any time for cause with the support of a resolution of the House of Commons to that effect. The Director is not eligible to be reappointed for a further term of office.

  • Marginal note:End of term

    (2) At the end of the Director’s term, the Director shall continue in office until his or her successor is appointed.

  • Marginal note:Full-time

    (3) The Director shall engage exclusively in the duties and functions of his or her office under this Act or any other Act of Parliament and shall not hold any other office or engage in any other employment for reward.

  • Marginal note:Incapacity or vacancy

    (4) In the event of the incapacity of the Director or a vacancy in that office, the Governor in Council may authorize a Deputy Director of Public Prosecutions to act as Director, but no person may act as Director for a period exceeding 12 months without the approval of the Governor in Council.

  • Marginal note:Remuneration and expenses

    (5) The Director shall be paid the remuneration and expenses that are fixed by the Governor in Council. Once fixed, the remuneration may not be reduced.

Deputy Directors, Prosecutors and Other Staff

Marginal note:Deputy Director
  •  (1) The Governor in Council shall, on the recommendation of the Attorney General, appoint one or more members of at least 10 years’ standing at the bar of any province to be Deputy Directors of Public Prosecutions.

  • Marginal note:Selection committee

    (2) The Attorney General may only make the recommendation after consultation with a selection committee consisting of the Director, a person representing the Federation of Law Societies of Canada and the Deputy Minister of Justice.

  • Marginal note:Powers, duties and functions — lawful deputy

    (3) Under the supervision of the Director, a Deputy Director may exercise any of the powers and perform any of the duties or functions referred to in subsection 3(3) and, for that purpose, is a lawful deputy of the Attorney General.

  • Marginal note:Other powers, duties and functions

    (4) Under the supervision of the Director, a Deputy Director may also act for or on behalf of the Director in the exercise of any of the other powers or the performance of any of the other duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament, except for the powers under subsection 509(1) of the Canada Elections Act.

  • 2006, c. 9, s. 121 "6";
  • 2014, c. 12, s. 151.
 
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