Assented to 2006-12-12
An Act respecting the office of the Director of Public Prosecutions
Marginal note:Short title
2. The following definitions apply in this Act.
« procureur général »
“Attorney General” means the Attorney General of Canada.
« 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.
DIRECTOR OF PUBLIC PROSECUTIONS
3. (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) 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.
(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.
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