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Federal Accountability Act (S.C. 2006, c. 9)

Assented to 2006-12-12

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

Marginal note:R.S., c. A-1

Access 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”:

  • Office of the Director of Public Prosecutions

    Bureau du directeur des poursuites pénales

Marginal note:2000, c. 9

Canada Elections Act

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

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

Marginal note:Director of Public Prosecutions may prosecute

  • 511. (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed, the Commissioner may refer the matter to the Director of Public Prosecutions who shall decide whether to initiate a prosecution.

  • Marginal note:Information

    (2) If the Director decides to initiate a prosecution, the Director shall request the Commissioner to cause an information in writing and under oath or solemn declaration to be laid before a justice, as defined in section 2 of the Criminal Code.

  • Marginal note:Search and seizure

    (3) For the purposes of section 487 of the Criminal Code, any person charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer.