2005, c. 46Public Servants Disclosure Protection Act
39. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.
(2) Subject to this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.
(2) Subsection 39(4) of the Act is replaced by the following:
Marginal note:Interim appointment
(4) In the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.
Marginal note:Transitional — continuation in office
120. A person who holds office under one of the following provisions immediately before the day on which this section comes into force continues in office and is deemed to have been appointed under that provision, as amended by sections 109 to 111, 118 and 119, to hold office for the remainder of the term for which he or she had been appointed:
(a) the Information Commissioner under section 54 of the Access to Information Act;
(b) the Auditor General of Canada under section 3 of the Auditor General Act;
(c) the Commissioner of Official Languages for Canada under section 49 of the Official Languages Act;
(d) the Privacy Commissioner under section 53 of the Privacy Act; and
(e) the Public Sector Integrity Commissioner under section 39 of the Public Servants Disclosure Protection Act.
PART 3OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS, ADMINISTRATIVE TRANSPARENCY AND DISCLOSURE OF WRONGDOING
Enactment of Act
Marginal note:Short title
1. This Act may be cited as the Director of Public Prosecutions Act.
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.
Marginal note:Selection committee
4. (1) The Attorney General shall establish a selection committee consisting of the following members:
(a) a person named by the Federation of Law Societies of Canada;
(b) a person named by each recognized political party in the House of Commons;
(c) the Deputy Minister of Justice;
(d) the Deputy Minister of the Department of Public Safety and Emergency Preparedness; and
(e) a person selected by the Attorney General.
Marginal note:List of candidates
(2) The Attorney General shall submit to the selection committee a list of not more than 10 candidates whom he or she considers suitable to be appointed as Director, each of whom must be a member of at least 10 years standing at the bar of any province. The committee shall assess the candidates and recommend three of them to the Attorney General.
(3) The Attorney General shall, from among those three candidates, select the one whom he or she considers most suitable for the office of Director.
Marginal note:Referral to committee
(4) The question of the appointment of the selected candidate shall be referred for approval to a committee designated or established by Parliament for that purpose.
Marginal note:Recommendation to Governor in Council
(5) The Attorney General shall, if the parliamentary committee gives its approval, recommend to the Governor in Council that the selected candidate be appointed as Director or, if the parliamentary committee does not give its approval, refer to the committee the appointment of another candidate recommended under subsection (2).
Marginal note:Tenure and term
5. (1) The Director holds office, during good behaviour, for a term of seven years, but may be removed by the Governor in Council at any time for cause with the support of a resolution of the House of Commons to that effect. The Director is not eligible to be reappointed for a further term of office.
Marginal note:End of term
(2) At the end of the Director’s term, the Director shall continue in office until his or her successor is appointed.
(3) The Director shall engage exclusively in the duties and functions of his or her office under this Act or any other Act of Parliament and shall not hold any other office or engage in any other employment for reward.
Marginal note:Incapacity or vacancy
(4) In the event of the incapacity of the Director or a vacancy in that office, the Governor in Council may authorize a Deputy Director of Public Prosecutions to act as Director, but no person may act as Director for a period exceeding 12 months without the approval of the Governor in Council.
Marginal note:Remuneration and expenses
(5) The Director shall be paid the remuneration and expenses that are fixed by the Governor in Council. Once fixed, the remuneration may not be reduced.
DEPUTY DIRECTORS, PROSECUTORS AND OTHER STAFF
Marginal note:Deputy Director
6. (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
7. (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.
(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
8. (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.
9. (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.
(2) Every person who is authorized under subsection (1) acts as an agent of the Director and is not required to prove such authorization.
(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.
Marginal note:Directive from Attorney General — specific prosecution
10. (1) Any directive that the Attorney General issues to the Director with respect to the initiation or conduct of any specific prosecution must be in writing and be published in the Canada Gazette.
Marginal note:Directive — generally applicable
(2) The Attorney General may, after consulting the Director, issue directives respecting the initiation or conduct of prosecutions generally. Any such directives must be in writing and be published in the Canada Gazette.
Marginal note:Delay in publication — directive
11. (1) The Attorney General or the Director may, if he or she considers it to be in the interests of the administration of justice, direct that the publication in the Canada Gazette of a directive referred to in subsection 10(1) be delayed.
Marginal note:Limit on delay
(2) The publication of a directive may not be delayed beyond the completion of the prosecution or any related prosecution.
Marginal note:Directives not statutory instruments
12. 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
13. 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.
14. 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
15. (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.
Marginal note:Annual report
16. (1) The Director shall, not later than June 30 of each year, report to the Attorney General in respect of 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.
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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