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

Act current to 2016-05-12 and last amended on 2014-10-01. Previous Versions

Marginal note:Employed federal prosecutors
  •  (1) The federal prosecutors that are necessary to enable the Director to perform any of the duties or functions of his or her office shall be appointed in accordance with the Public Service Employment Act.

  • Marginal note:Non-employed federal prosecutors

    (2) The Director may also for that purpose retain, on behalf of Her Majesty, the services of barristers and, in the Province of Quebec, advocates to act as federal prosecutors and, with the approval of the Treasury Board, may fix and pay their fees, expenses and other remuneration.

  • Marginal note:Qualification

    (3) A person appointed under subsection (1) or whose services are retained under subsection (2) must be a member of the bar of a province.

Marginal note:Other staff
  •  (1) Any other officers and employees that are necessary to enable the Director to perform any of the duties and functions of his or her office shall be appointed in accordance with the Public Service Employment Act.

  • Marginal note:Technical assistance

    (2) The Director may engage the services of persons having technical or specialized knowledge of any matter relating to the Director’s work to advise and assist the Director in performing any of the duties and functions of his or her office and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

Delegation

Marginal note:Delegation
  •  (1) The Director may, subject to any restrictions or limitations that the Director specifies, authorize a federal prosecutor, a person acting as a federal prosecutor under subsection 7(2) or any person referred to in subsection 8(1) to act for or on behalf of the Director in the exercise of any of the powers or the performance of any of the duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament, except the power to delegate under this subsection.

  • Marginal note:Agency

    (2) Every person who is authorized under subsection (1) acts as an agent of the Director and is not required to prove such authorization.

  • Marginal note:Designation

    (3) The Director, a Deputy Director and any person referred to in subsection 7(3) may be designated as an agent of the Minister of Public Safety and Emergency Preparedness under section 185 of the Criminal Code.

Directives

Marginal note:Directive from Attorney General — specific prosecution
  •  (1) Any directive that the Attorney General issues to the Director with respect to the initiation or conduct of any specific prosecution must be in writing and be published in the Canada Gazette.

  • Marginal note:Directive — generally applicable

    (2) The Attorney General may, after consulting the Director, issue directives respecting the initiation or conduct of prosecutions generally. Any such directives must be in writing and be published in the Canada Gazette.

Marginal note:Delay in publication — directive
  •  (1) The Attorney General or the Director may, if he or she considers it to be in the interests of the administration of justice, direct that the publication in the Canada Gazette of a directive referred to in subsection 10(1) be delayed.

  • Marginal note:Limit on delay

    (2) The publication of a directive may not be delayed beyond the completion of the prosecution or any related prosecution.

Marginal note:Directives not statutory instruments

 For greater certainty, directives issued under section 10 are not statutory instruments within the meaning of the Statutory Instruments Act.

Issues of General or Public Interest

Marginal note:Duty to inform

 The Director must inform the Attorney General in a timely manner of any prosecution, or intervention that the Director intends to make, that raises important questions of general interest.

Marginal note:Intervention

 When, in the opinion of the Attorney General, proceedings raise questions of public interest, the Attorney General may, after notifying the Director, intervene in first instance or on appeal.

Assuming Conduct of Prosecution

Marginal note:Taking conduct of prosecution
  •  (1) The Attorney General may only assume conduct of a prosecution after first consulting the Director. The Attorney General must then give to the Director a notice of intent to assume conduct of the prosecution and publish it in the Canada Gazette without delay.

  • Marginal note:Transfer of file

    (2) The Director is required to turn the prosecution file over to the Attorney General and to provide any information that the Attorney General requires within the time specified.

  • Marginal note:Delay in publication

    (3) However, publication may be delayed if the Attorney General or the Director considers it to be in the interests of the administration of justice.

Annual Report

Marginal note:Annual report
  •  (1) The Director shall, not later than June 30 of each year, provide a report to the Attorney General on the activities of the office of the Director in the immediately preceding fiscal year.

  • Marginal note:Commissioner of Canada Elections

    (1.1) In addition, the report shall include a section, provided by the Commissioner of Canada Elections, on his or her activities under the Canada Elections Act in that fiscal year. The Commissioner shall not include the details of any investigation.

  • Marginal note:Tabling in Parliament

    (2) The Attorney General shall cause a copy of the Director’s report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives the report.

  • 2006, c. 9, s. 121 "16";
  • 2014, c. 12, s. 152.
 
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