C-213955Elizabeth II2006An Act respecting the office of the Director of Public ProsecutionsDirector of Public Prosecutions ActDirector of Public Prosecutions20196
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D-2.59, s. 1212006[Enacted by section 121 of chapter 9 of the Statutes of Canada, 2006, in force on assent December 12, 2006.]Short Title
Short titleThis Act may be cited as the Director of Public Prosecutions Act.
Interpretation
DefinitionsThe following definitions apply in this Act.Attorney General means the Attorney General of Canada. (procureur général)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. (poursuite)
Director of Public Prosecutions
AppointmentThe 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.Rank and statusThe Director has the rank and status of a deputy head of a department.Duties and functionsThe Director, under and on behalf of the Attorney General,initiates and conducts prosecutions on behalf of the Crown, except where the Attorney General has assumed conduct of a prosecution under section 15;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;issues guidelines to persons acting as federal prosecutors respecting the conduct of prosecutions generally;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;communicates with the media and the public on all matters respecting the initiation and conduct of prosecutions;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; andexercises 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.Deputy Attorney GeneralFor 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.Guidelines not statutory instrumentsFor greater certainty, guidelines referred to in paragraph (3)(c) are not statutory instruments within the meaning of the Statutory Instruments Act.PublicationAny assignment under paragraph (3)(g) must be in writing and be published by the Attorney General in the Canada Gazette.Agreements and arrangementsThe 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.Duties — election-related mattersThe Director 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.Other powers, duties and functionsThe 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.2006, c. 9, s. 121 “3”; 2014, c. 12, s. 1502018, c. 31, s. 395
Selection committeeThe Attorney General shall establish a selection committee consisting of the following members:a person named by the Federation of Law Societies of Canada;a person named by each recognized political party in the House of Commons;the Deputy Minister of Justice;the Deputy Minister of the Department of Public Safety and Emergency Preparedness; anda person selected by the Attorney General.List of candidatesThe 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.SelectionThe Attorney General shall, from among those three candidates, select the one whom he or she considers most suitable for the office of Director.Referral to committeeThe question of the appointment of the selected candidate shall be referred for approval to a committee designated or established by Parliament for that purpose.Recommendation to Governor in CouncilThe 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).
Tenure and termThe 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.End of termAt the end of the Director’s term, the Director shall continue in office until his or her successor is appointed.Full-timeThe 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.Incapacity or vacancyIn 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.Remuneration and expensesThe 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
Deputy DirectorThe 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.Selection committeeThe 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.Powers, duties and functions — lawful deputyUnder 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.Other powers, duties and functionsUnder 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.2006, c. 9, s. 121 “6”; 2014, c. 12, s. 1512018, c. 31, s. 396
Employed federal prosecutorsThe 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.Non-employed federal prosecutorsThe 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.QualificationA person appointed under subsection (1) or whose services are retained under subsection (2) must be a member of the bar of a province.
Other staffAny 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.Technical assistanceThe 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.
Delegation
DelegationThe 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.AgencyEvery person who is authorized under subsection (1) acts as an agent of the Director and is not required to prove such authorization.DesignationThe 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.
Directives
Directive from Attorney General — specific prosecutionAny 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.Directive — generally applicableThe 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.
Delay in publication — directiveThe 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.Limit on delayThe publication of a directive may not be delayed beyond the completion of the prosecution or any related prosecution.
Directives not statutory instrumentsFor 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
Duty to informThe 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.
InterventionWhen, 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
Taking conduct of prosecutionThe 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.Transfer of fileThe 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.Delay in publicationHowever, 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
Annual reportThe 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.[Repealed, 2018, c. 31, s. 397]Tabling in ParliamentThe 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.2006, c. 9, s. 121 “16”; 2014, c. 12, s. 1522018, c. 31, s. 397
RELATED PROVISIONS — 2006, c. 9, s. 122
Definition of other ActIn 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 DirectorThe 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 DirectorThat 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 deathIn 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 employeesThe 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 staffThe 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 employeeIn 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 prosecutorsAny 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 appropriationsAny 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 prosecutionsAny 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 prosecutionIn subsection (1), prosecution has the same meaning as in section 2 of the other Act.
 — 2006, c. 9, s. 128
Election-related prosecutionsAny 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.