Transitional Provisions

Marginal note:Definition of “other Act”

122. In sections 123 to 127 of this Act, “other Act” means the Director of Public Prosecutions Act, as enacted by section 121 of this Act.

Marginal note:Acting Director

• 123. (1) The person who holds the position of Assistant Deputy Attorney General (Criminal Law) in the Department of Justice immediately before the day on which this section comes into force is authorized to act as the Director of Public Prosecutions under the other Act until the appointment of the Director of Public Prosecutions under subsection 3(1) of the other Act.

• Marginal note:Acting Deputy Director

  (2) That person may authorize two members of at least 10 years’ standing at the bar of any province to act as Deputy Directors of Public Prosecutions under the other Act until the appointment of a Deputy Director of Public Prosecutions under subsection 6(1) of the other Act.

• Marginal note:Incapacity or death

  (3) In the event of the incapacity or death of the person authorized to act as the Director of Public Prosecutions under subsection (1), the Attorney General of Canada shall designate one of the persons authorized to act as Deputy Director of Public Prosecutions under subsection (2) to act as Director of Public Prosecutions in the interim.

Marginal note:Transfer of employees

• 124. (1) The coming into force of the other Act shall not be construed as affecting the status of an employee who occupied, immediately before the day on which the other Act comes into force, a position in the Department of Justice in the administrative unit known as the Federal Prosecution Service, except that the employee from that day occupies that position in the Office of the Director of Public Prosecutions.

• Marginal note:Transfer of other staff

  (2) The Governor in Council may, by order made on the recommendation of the Treasury Board, if the Governor in Council is of the opinion that an employee or class of employees in the Department of Justice is carrying out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of employees referred to in subsection (1) and that it is in the best interests of the core public administration to do so, declare that the employee or class of employees shall, on the day on which the order comes into force, occupy their positions in the Office of the Director of Public Prosecutions.

• Marginal note:Definition of “employee”

  (3) In this section, “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Marginal note:Non-employed federal prosecutors

125. Any barrister or, in the Province of Quebec, any advocate whose services were retained, immediately before the day on which the other Act comes into force, to act as a prosecutor for the Crown in connection with any matter is deemed, on that day, to have had his or her services retained under subsection 7(2) of the other Act to act in connection with that matter.

Marginal note:Transfer of appropriations

126. Any amount that is appropriated, for the fiscal year in which the other Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the Department of Justice in relation to duties and functions carried out by the administrative unit known as the Federal Prosecution Service and that, on the day on which the other Act comes into force, is unexpended, is deemed to be an amount appropriated for defraying the charges and expenses of the Office of the Director of Public Prosecutions.

Marginal note:Continuation of prosecutions

• 127. (1) Any prosecution to which the Attorney General of Canada is a party and that is ongoing on the day on which the other Act comes into force is continued by the Director of Public Prosecutions without further formality.

• Definition of “prosecution”

  (2) In subsection (1), “prosecution” has the same meaning as in section 2 of the other Act.

Marginal note:Election-related prosecutions

128. Any prosecution for an offence under the Canada Elections Act that is pending immediately before the day on which sections 121 and 130 to 136 of this Act come into force may continue to be conducted by the Commissioner of Canada Elections, as well as any appeal or other proceeding related to such a prosecution as if those sections had not come into force.

Consequential Amendments

R.S., c. A-1Access to Information Act

129. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

2000, c. 9Canada Elections Act

Marginal note:2003, c. 19, s. 62

130. Section 511 of the Canada Elections Act is replaced by the following:

• 131. (1) Subsection 512(1) of the Act is replaced by the following:

  Marginal note:Director’s consent required

  • 512. (1) No prosecution for an offence under this Act may be instituted by a person other than the Director of Public Prosecutions without the Director’s prior written consent.

• (2) Subsection 512(3) of the Act is replaced by the following:

  • Marginal note:Proof of consent

    (3) Every document purporting to be the Director’s consent under subsection (1) is deemed to be that consent unless it is called into question by the Director or by someone acting for the Director or for Her Majesty.

132. Section 513 of the Act is replaced by the following:

• 133. (1) Subsection 517(1) of the Act is replaced by the following:

  Marginal note:Compliance agreements

  • 517. (1) Subject to subsection (7), if the Commissioner believes on reasonable grounds that a person has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with that person (in this section and sections 518 to 521 called the “contracting party”).

• Marginal note:2001, c. 21, s. 25(E)

  (2) Subsections 517(6) to (8) of the Act are replaced by the following:

  • Marginal note:Effect of compliance agreement — no referral

    (6) If a matter has not yet been referred to the Director of Public Prosecutions when a compliance agreement is entered into, no such referral may be made for an act or omission that led to the agreement unless there is non-compliance with it.

  • Marginal note:Matter that has been referred

    (7) If a matter has already been referred to the Director of Public Prosecutions, whether or not a prosecution has been initiated, the Director may — if, after consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public interest — remit the matter back to the Commissioner so that it may be so dealt with.

  • Marginal note:Effect of compliance agreement

    (8) When a compliance agreement is entered into, any prosecution of the contracting party for an act or omission that led to it is suspended and, unless there is non-compliance with it, the Director of Public Prosecutions may not institute such a prosecution.

  • Marginal note:Renegotiation

    (9) The Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or contracting party at any time before it is fully executed.

  • Marginal note:Copy to be provided

    (10) The Commissioner shall provide the contracting party with a copy of a compliance agreement, without delay after it is entered into or renegotiated under subsection (9). If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the compliance agreement to the Director.

134. Sections 518 and 519 of the Act are replaced by the following:

135. The Act is amended by adding the following after section 535:

136. Subsection 540(4) of the Act is replaced by the following:

R.S., c. J-2Department of Justice Act

137. Subsection 3(2) of the Department of Justice Act is replaced by the following:

R.S., c. F-11Financial Administration Act

138. Schedule I.1 to the Financial Administration Act is amended by adding the following in alphabetical order in column I:

and a corresponding reference in column II to the “Minister of Justice”.

139. Schedule IV to the Act is amended by adding the following in alphabetical order:

R.S., c. P-21Privacy Act

140. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

R.S., c. A-1Access to Information Act

Amendments to Act

• 141. (1) The definitions “designated Minister”, “head” and “record” in section 3 of the Access to Information Act are replaced by the following:

  “designated Minister”

  « ministre désigné »

  “designated Minister” means a person who is designated as the Minister under subsection 3.2(1);

  “head”

  « responsable d’institution fédérale »

  “head”, in respect of a government institution, means

  • (a) in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or

  • (b) in any other case, either the person designated under subsection 3.2(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title;

  “record”

  « document »

  “record” means any documentary material, regardless of medium or form;

• (2) The definition “government institution” in section 3 of the Act is replaced by the following:

  “government institution”

  « institution fédérale »

  “government institution” means

  • (a) any department or ministry of state of the Government of Canada, or any body or office, listed in Schedule I, and

  • (b) any parent Crown corporation, and any wholly-owned subsidiary of such a corporation, within the meaning of section 83 of the Financial Administration Act;

142. The Act is amended by adding the following after section 3: