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

RELATED PROVISIONS

• — 2006, c. 9, s. 122

  • 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.

• — 2006, c. 9, s. 123

  • 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.

    • 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.

    • 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.

• — 2006, c. 9, s. 124

  • 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.

    • 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.

    • Definition of employee

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

• — 2006, c. 9, s. 125

  • 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.

• — 2006, c. 9, s. 126

  • 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.

• — 2006, c. 9, s. 127

  • 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.

• — 2006, c. 9, s. 128

  • 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.