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

Act current to 2015-10-27 and last amended on 2014-10-01. Previous Versions

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.