D-9.1.1 - Act respecting the Director of Criminal and Penal Prosecutions

Updated to 1 February 2006

This document has official status.

chapter D-9.1.1

Act respecting the Director of Criminal and Penal Prosecutions

CHAPTER I CREATION OF OFFICE OF DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS AND APPOINTMENT OF DIRECTOR

5. On the recommendation of the Minister of Justice, the Government appoints a Deputy Director from among criminal and penal prosecuting attorneys with at least ten years’ practice as advocates. The Government also determines the length of the Deputy Director’s term, which may not be shorter than five years nor longer than seven.

The person recommended must be chosen from a list of persons declared qualified to hold the office by a selection committee formed for that purpose and made up of the Deputy Minister of Justice, a person recommended by the Bâtonnier of the Province of Québec and the Director, following the issue of a notice inviting criminal and penal prosecuting attorneys to apply.

The Deputy Director may resign at any time by giving written notice to the Director. At the expiry of the term, the Deputy Director remains in office until replaced.

2005, c. 34, s. 5.

This section has been in force since 1 February 2006 solely for the purpose of permitting the application of the rules that relate to the selection and appointment of a Deputy Director of Criminal and Penal Prosecutions. Order in Council 53-2006 dated 1 February 2006, (2006) 138 G.O. 2, 977.

CHAPTER V AMENDING, TRANSITIONAL AND FINAL PROVISIONS

89. Despite sections 2 and 4, the associate deputy minister for public prosecutions at the Ministère de la Justice in office on (insert the date preceding the date of coming into force of this section) becomes the Director of Criminal and Penal Prosecutions and acts as such until 1 January 2008 or, after that date, until a Director is appointed in accordance with this Act.

2005, c. 34, s. 89.

This section has been in force since 1 February 2006 solely for the purpose of permitting the application of the rules that relate to the selection and appointment of a Deputy Director of Criminal and Penal Prosecutions. Order in Council 53-2006 dated 1 February 2006, (2006) 138 G.O. 2, 977.

90. An Attorney General’s prosecutor appointed under section 1 of the Act respecting Attorney General’s prosecutors (chapter S-35) in office on (insert the date preceding the date of coming into force of this section) is deemed to have been appointed a criminal and penal prosecuting attorney under section 25 of this Act.

Not in force

A person authorized under paragraph b.1 of section 4 of the Act respecting the Ministère de la Justice (chapter M-19) is deemed authorized under section 16 of this Act.

Not in force

A person designated under section 9 of the Act respecting Attorney General’s prosecutors is deemed designated under section 28 of this Act.

2005, c. 34, s. 90.

The first paragraph of this section has been in force since 1 February 2006 solely for the purpose of permitting the application of the rules that relate to the selection and appointment of a Deputy Director of Criminal and Penal Prosecutions. Order in Council 53-2006 dated 1 February 2006, (2006) 138 G.O. 2, 977.

95. (Omitted).

2005, c. 34, s. 95.