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

Act current to 2024-11-26 and last amended on 2019-04-01. Previous Versions

Directives (continued)

Marginal note:Directives not statutory instruments

 For greater certainty, directives issued under section 10 are not statutory instruments within the meaning of the Statutory Instruments Act.

Issues of General or Public Interest

Marginal note:Duty to inform

 The Director must inform the Attorney General in a timely manner of any prosecution, or intervention that the Director intends to make, that raises important questions of general interest.

Marginal note:Intervention

 When, in the opinion of the Attorney General, proceedings raise questions of public interest, the Attorney General may, after notifying the Director, intervene in first instance or on appeal.

Assuming Conduct of Prosecution

Marginal note:Taking conduct of prosecution

  •  (1) The Attorney General may only assume conduct of a prosecution after first consulting the Director. The Attorney General must then give to the Director a notice of intent to assume conduct of the prosecution and publish it in the Canada Gazette without delay.

  • Marginal note:Transfer of file

    (2) The Director is required to turn the prosecution file over to the Attorney General and to provide any information that the Attorney General requires within the time specified.

  • Marginal note:Delay in publication

    (3) However, publication may be delayed if the Attorney General or the Director considers it to be in the interests of the administration of justice.

Annual Report

Marginal note:Annual report

  •  (1) The Director shall, not later than June 30 of each year, provide a report to the Attorney General on the activities of the office of the Director — except in relation to matters referred to in subsection 3(8) — in the immediately preceding fiscal year.

  • (1.1) [Repealed, 2018, c. 31, s. 397]

  • Marginal note:Tabling in Parliament

    (2) The Attorney General shall cause a copy of the Director’s report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives the report.

 

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