Department of Justice Act (R.S.C., 1985, c. J-2)

Act current to 2013-05-26 and last amended on 2006-12-12. Previous Versions

Department of Justice Act

R.S.C., 1985, c. J-2

An Act respecting the Department of Justice

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Department of Justice Act.

  • R.S., c. J-2, s. 1.

ESTABLISHMENT OF THE DEPARTMENT; ATTORNEY GENERAL

Marginal note:Department established

  • 2. (1) There is hereby established a department of the Government of Canada called the Department of Justice over which the Minister of Justice appointed by commission under the Great Seal shall preside.

  • Marginal note:Minister and Attorney General

    (2) The Minister is ex officio Her Majesty’s Attorney General of Canada, holds office during pleasure and has the management and direction of the Department.

  • R.S., c. J-2, s. 2.
Marginal note:Deputy head

  • 3. (1) The Governor in Council may appoint an officer called the Deputy Minister of Justice to hold office during pleasure and to be the deputy head of the Department.

  • Marginal note:Deputy Attorney General

    (2) The Deputy Minister is ex officio the Deputy Attorney General except in respect of the powers, duties and functions that the Director of Public Prosecutions is authorized to exercise or perform under subsection 3(3) of the Director of Public Prosecutions Act.

  • Marginal note:Associate Deputy Ministers

    (3) The Governor in Council may appoint two Associate Deputy Ministers of Justice, each of whom shall have the rank and status of a deputy head of a department and as such shall under the Deputy Minister exercise and perform such powers, duties and functions as deputies of the Minister and otherwise as the Minister may specify.

  • R.S., 1985, c. J-2, s. 3;
  • 2006, c. 9, s. 137.
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POWERS, DUTIES AND FUNCTIONS OF THE MINISTER

Marginal note:Powers, duties and functions of Minister

4. The Minister is the official legal adviser of the Governor General and the legal member of the Queen’s Privy Council for Canada and shall

  • (a) see that the administration of public affairs is in accordance with law;

  • (b) have the superintendence of all matters connected with the administration of justice in Canada, not within the jurisdiction of the governments of the provinces;

  • (c) advise on the legislative Acts and proceedings of each of the legislatures of the provinces, and generally advise the Crown on all matters of law referred to the Minister by the Crown; and

  • (d) carry out such other duties as are assigned by the Governor in Council to the Minister.

  • R.S., c. J-2, s. 4.