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.

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.